UC-NRLF 


VISION  OF  1915 


STATE  OF  MICHIGAN 


GENERAL   SCHOOL  LAWS 


->.-r-i7-       s-\ 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED    UNDER    THE    SUPERVISION    OF 

COLEMAN    C.    VAUGHAN 

SECRETARY  OF  STATE 


BY  AUTHORITY 


LANSING,  MICHIGAN 

1VYNKOOP    HALLENBBCK    CRAWFORD    CO.,    STATE    PRINTERS 

1915. 


GIFT   OF 


REVISION  OF  1915 


STATE  OF  MICHIGAN 


GENERAL   SCHOOL  LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


c.    4  ,o- 
\\\3 


COMPILED    UNDER    THE    SUPERVISION    OF 

COLEMAN    C.    VAUGHAN 

SECRETARY  OF  STATE 


BY  AUTHORITY 


LANSING,  MICHIGAN 

WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE 

1915. 


CONTENTS. 


CONSTITUTIONAL  PROVISIONS. 

Sections. 

Article  X. — Finance    and    taxation 1-2 

Article    XI. — Education 3-17 

STATUTORY  PROVISIONS. 

Election  of  state  board  of  education 18 

Election  of  superintendent  of  public  instruction 19 

Primary  school  system — 

Superintendent  of  public  instruction 20-26 

Formation,  alteration,  meetings  and  powers  of  districts 27-46 

District   boards   and   officers 47-72 

Township    officers 73-87 

»       County  clerk  and  treasurer 88-90 

Bonded  indebtedness  of  districts 91-94 

Suits  and  judgments  against  districts 95-101 

Sites    for   schoolhouses 102-116 

Appeals  from  action  of  township  board 117-119 

Graded  school  districts 120-125 

Libraries 126-138 

Penalties    and    liabilities 139-146 

Boards  of  education  for  certain  cities 147-149 

Division  of,  or  changing  of  boundaries  of  primary  school  districts  150-151 

Division  of  city  school  districts  into  election  precincts 152-169 

Miscellaneous  provisions  relative  to  education  in  the  schools — 

Free  text  books 170-175 

Regulation  of  sale  of  textbooks 176-186 

System  of  humane  education 187-189 

Kindergarten   method 190-193 

Qualifications  of  kindergarten,  music  and  drawing  teachers 194-196 

Teaching  of  dangerous  communicable  diseases 197-198 

Fire  drills  in  public  schools 199 

Publication  of  the  proceedings  of  annual  school  meetings 200-201 

Purchase  and  display  of  United  States  flag 202 

Designating  days  to  be  observed  as  holidays  in  the  public  schools  203-204 

Returns  from  incorporated  institutions 205 

State   teachers'   certificates 206-212 

County  commissioners  and  school  examiners 213-224 

Examination  of  candidates  for  admission  to  agricultural  college 225-226 

Meeting  of  school  officers  of  county 227-229 

Township   school  districts 230-254 

Township  school  districts  in  upper  peninsula 255-270 

Boundaries  of  school  districts  in  cities 271-274 


381337 


CONTENTS. 


Sections. 

Teachers'  "institutes- 276-282 

Bureau  of  information  in  office  of  superintendent  of  public  instruction. .  283-284 

Compulsory  education   285-290 

Compulsory  education  of  deaf  children 291-293 

Compulsory  education  of  blind  children 294-295 

Care  and  instruction  of  blind  babies 296-300 

Miscellaneous  offenses — Crime  and  truancy — Delinquency  of  children..  301-304 

Protection  of  children 305 

Employment   of   children 306 

Fraternities,  sororities,  etc.,  among  public  school  pupils,  abolished 307-309 

Teachers'   associations 310-312 

Retirement  fund  for  teachers 313-326 

State  accounts— Safe  keeping  of  public  moneys 327-334 

Apportionment   of  dog  tax 335 

State  board  of  education 336-353 

State  normal  schools 354-363 

Providing  for  physical  training  in  state  normal  schools  and  certain  city 

districts '  364 

Granting  of  diplomas  by  state  board  of  education  in  connection  with 

state  normal  schools 365 

Loan  funds  for  students 366-372 

State  library  commissions 373-376 

Free  public  libraries '. 377-378 

Publication  and  distribution  of  laws  and  public  documents 379-383 

Rural  Mgh  schools 384-391 

Annual  reports  by  librarians 392-393 

Payment  of  tuition  of  eighth  grade  pupils 394-397 

Payment  of  tuition  outside  of  district 398 

Children  of  indigent  parents,  attendance  at  school  provided  for 399-402 

County  normal  training  classes 403-409 

School  districts  empowered  to  establish  trade,  etc.,  schools  and  accept 

gifts,  etc 410-411 

Acquisition  of  lands  outside  district  limits  for  trade  schools,  athletic 

fields,  etc 412 

County  schools  of  agriculture,  manual  training,  etc 413-422 

Encouragement  of  improved  methods  of  farm  management 

Legislative  assent  to  grant  of  moneys  from  U.  S 424-425 

Day  schools  for  the  deaf 426-431 

Payment  of  subcontractors . . . . 432-435 

Cities  of  the  fourth  class — School  districts,  and  board  of  education 436-441 

Sale  of  tax  homestead  lands  for  school  sites 442 

Approval  of  plans  for  school  buildings 443-445 

School  bonds    446-448 

Fire  protection  in  the  schools 

Establishment,  etc.,  of  highway  to  school  building 450 

Appendix — Forms  for  proceedings  under  the  school  laws. 

NOTE. — The  section  numbers  in  parentheses  (  ),  are  compiler's  sections,  and  are  con- 
secutive throughout  this  compilation.  Section  numbers  of  the  compiled  laws  of  1897 
precede  each  section,  and  are  indicated  by  the  section  mark  (§).  Notes  following  the  sec- 
tions Indicate  the  amendments,  supreme  court  decisions,  etc.  Annotated  with  supreme 
court  decisions  to  and  including  th,e  182nd  Mich,  report.  The  character  /  is  used  in 
cases,  to  avoid  the  repetition  of  Mich. 


GENERAL 

SCHOOL  LAWS  OF   MICHIGAN. 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  X. 

FINANCE  AND  TAXATION. 

(1)  SECTION  1.     All  subjects  of  taxation  now  contributing  to  the 
primary  school  interest  fund  under  present  laws  shall  continue  to  con- 
tribute to  that  fund,  and  all  taxes  from  such  subjects  shall  be  first  ap- 
plied in  paying  the  interest  upon  the   primary  school,  university  arid 
other  educational  funds  in  the  order  herein  named,  after  which  the  sur- 
plus of  such  moneys  shall  be  added  to  and  become  a  part  of  the  primary 
school  interest  fund. 

(2)  SEC.  2.    The  legislature  shall  provide  by  law  for  an  annual  tax 
sufficient  with  other  resources  to   pay   the  estimated  expenses  of  the 
state  government,  the  interest  on  any  state  debt  and  such  deficiency  as 
may  occur  in  the  resources. 

Under  the  sections  of  the  constitution  providing  for  uniformity  of  taxation  and  conferring 
power  on  the  legislature  to  levy  a  state  tax,  etc.,  on  cash  valuation  of  property  (Art.  10, 
§  §  2,  3,  7),  the  state  may  authorize  the  review  of  valuations  and  assessments  by  the  board 
of  state  tax  commissioners. — Attorney  General  v.  Board  of  Supervisors  of  Midland  County, 
178  /  513. 


ARTICLE  XI. 

EDUCATION. 

(3)  SECTION  1.  Religion,  morality  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools  and  the  means 
of  education  shall  forever  be  encouraged. 

It  was  the  intent  of  the  constitution  to  separate  the  school  organization  from  the  general 
municipal  government.  Though  municipal  corporations,  organized  for  the  same  purposes, 
with  like  powers  and  duties,  cannot  exist  in  the  same  territory,  those  having  different  pur- 
poses, rights  and  duties,  may,  and  often  do,  occupy  the  same  territory. — Attorney  General  v. 
Thompson,  168  /  511.  The  language  of  this  section  is  from  the  ordinance  of  1787.  The  re- 
assertion  of  this  doctrine  after  the  lapse  of  more  than  a  century  and  a  quarter,  coupled  with 
the  fact  that  legislation  in  this  state  upon  the  subject  of  education  has  from  the  beginning 
been  of  the  most  liberal  character,  indicates  a  settled  purpose  on  the  part  of  the  state  to 
provide,  foster  and  protect  educational  facilities  for  all. — Dennis  v.  Wrigley,  175  /  621,  625. 


6  STATE    OP    MICHIGAN. 


(4)  SEC.  2.     A  superintendent  of  public  instruction  shall  be  elected 
at  the  regular  election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  nine,  and  every  second  year  thereafter.     He  shall  hold  office 
for  a  period  of  two  years  from  the  first  day  of  July  following  his  election 
and  until  his  successor  is  elected  and  qualified.  He  shall  have  general 
supervision  of  public  instruction  in  the  state.     He  shall  be  a  member 
and   secretary  of.  the  state  board  of  education.     He  shall  be  ex-officio 
a  member  of  all  other  boards  having  control  of  public  instruction  in  any 
state  institution,  with  the  right  to  speak  but  not  to  vote.     His  duties 
and  compensation  shall  be  prescribed  by  law. 

(5)  SEC.  3.    There  shall  be  a  board  of  regents  of  the  university,  con- 
sisting  of   eight  members,   who   shall   hold   the   office   for  eight   years. 
There  shall  be  elected  at  each  regular  biennial  spring  election  two  mem- 
bers of  such  board.    When  a  vacancy  shall  occur  in  the  office  of  regent 
it  shall  be  filled  by  appointment  of  the  governor. 

(6)  SEC.  4.     The  regents  of  the  university  and  their  successors  in 
office  shall  continue  to  constitute  the  body  corporate  knowrn  as  "The 
Regents  of  the  University  of  Michigan." 

(7)  SEC.  5.     The  regents  of  the  university  shall,  as  often  as  necessary, 
elect  a  president  of  the  university.    The  president  of  the  university  and 
the  superintendent  of  public  instruction  shall  be  ex-officio  members  of 
the  board  of  regents,  with  the  privilege  of  speaking  but  not  of  voting. 
The  president  shall  preside  at  the  meetings  of  the  board  and  be  the 
principal  executive  officer  of  the  university.     The  board  of  regents  shall 
have  the  general  supervision  of  the  university  and  the    direction    and 
control  of  all  expenditures  from  the  university  funds. 

Under  this  provision  the  board  of  regents  has  independent  control  of  the  affairs  of  the 
university. — Regents  v.  Auditor  General,  167  /  444.  Neither  the  legislature,  nor  any  officer  or 
board  of  this  state,  may  interfere  with  the  control  and  management  of  the  affairs  and 
property  of  the  university,  although  in  making  appropriations  for  its  support  the  legislature 
may  attach  any  conditions  it  may  deem  expedient  and  wise,  and  the  appropriation  cannot  be 
received  without  complying  with  the  conditions. — Agler  v.  Mich.  Agricultural  College,  181  / 
559. 

(8)  SEC.  6.    The  state  board  of  education  shall  consist  of  four  mem- 
bers.   On  the  first  Monday  in  April,  nineteen  hundred  nine,  and  at  each 
succeeding  biennial  spring  election,  there  shall  be  elected  one  member 
of  such  board  who  shall  hold  his  office  for  six  years  from  the  first  day 
of  July  following  his  election.     The    state    board    of    education    shall 
have  general  supervision  of  the  state  normal  college  and  the  state  nor- 
mal schools,  and  the  duties  of  said  board  shall  be  prescribed  by  law. 

(9)  SEC.  7.    There  shall  be  elected  on  the  first  Monday  in  April,  nine- 
teen hundred  nine,  a  state  board  of  agriculture  to  consist  of  six  mem- 
bers, two   of  whom  shall   hold  the  office  for  two  years,  two  for  four 
years  and  two  for  six  years.    At  every  regular  biennial  spring  election 
thereafter,  there  shall  be  elected  two  members  whose  term  of  office  shall 
be  six  years.    The  members  thus  elected  and  their  successors  in  office 
shall  be  a  body  corporate  to  be  known  as  <kThe  State  Board  of  Agri- 
culture." 

(10)  SEC.  8.     The  state  board  of  agriculture  shall,  as  often  as  nec- 
essary, elect  a  president  of  the  agricultural   college,  who  shall  be  ex- 
officio  a  member  of  the  board  with  the  privilege  of  speaking  but  not  of 


GENERAL    SCHOOL   LAWS. 


voting.  He  shall  preside  at  the  meetings  of  the  board  and  be  the  princi- 
pal executive  officer  of  the  college.  The  board  shall  have  the  general 
supervision  of  the  college,  and  the  direction  and  control  of  all  agricul- 
tural college  funds;  and  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  la,w. 

The  state  board  of  agriculture  has  exclusive  control  of  the  general  fund3~of-the  Michigan 
agricultural  college. — Bauer  v.  State  Board  of  Agriculture,  164  /  415. 

The  constitutional  powers  of  the  state  board  of  agriculture  with  respect  to  the  college 
and  its  funds  are  the  same  as  those  of  the  board  of  regents  of  the  university  with  respect 
to  the  university  and  its  funds. — State  Board  of  Agriculture  v.  Auditor  General,  180/349, 
359  ;  Agler  v.  Mich.  Agricultural  College,  181  /  559,  561.  See  note  to  section  7. 

(11)  SEC.  9.     The  legislature    shall    continue    a    system  of  primary 
schools,  whereby  every  school  district  in  the  state  shall  provide  for  the 
education  of  its  pupils  without  charge  for  tuition ;  and  all  instruction  in 
such  schools  shall  be  conducted  in  the  English  language.  If  any  school 
district  shall  neglect  to   maintain  a  school  within  its  borders  as  pre- 
scribed by  law  for  at  least  five  months  in  each  year,  or  to  provide  for 
the  education  of  its  pupils  in  another  district  or  districts  for  an  equal 
period,  it  shall  be  deprived  for  the  ensuing  year  of  its  proportion  of  the 
primary  school  interest  fund.    If  any  school  district  shall,  on  the  second 
Monday  in  July  of  any  year,  have  on  hand  a  sufficient  amount  of  money 
in  the  primary  school  interest  fund  to  pay  its  teachers  for  the  next  en- 
suing two  years  as  determined  from  the  pay  roll  of  said  district  for  the 
last  school  year,  and  in  case  of  a  primary  district,  all  tuition  for  the 
next  ensuing  two  years,  based  upon  the  then  enrollment  in  the  seventh 
and  eighth  grades  in  said  school  district,  the  children  in  said  district 
shall  not  be  counted  in  making  the  next    apportionment    of    primary 
school  money  by  the  superintendent  of  public  instruction ;  nor  shall  such 
children   be  counted  in   making  such  apportionment  until   the  amount 
of  money  in  the  primary  school  interest  fund  in  said  district  shall  be 
insufficient  to  pay  teachers'  wages  or  tuition  as  herein  set  forth  for  the 
next  ensuing  two  years. 

As  proposed  by  concurrent  resolution  No.  1,  Public  Acts  of-  1911,  pages  537-8 :  ratified 
April  3,  1911. 

(12)  SEC.  10.     The  legislature  shall  maintain  the  university,  the  col- 
lege of  mines,  the  state  agricultural  college,  the  state  normal  college 
and  such   state  normal   schools   and   other  educational   institutions  as 
may  be  established  by  law. 

(13)  SEC.  11.     The  proceeds  from  the  sales  of  all  lands  that  have 
been  or  hereafter  may  be  granted  by  the  United  States  to  the  state  for 
educational  purposes  and  the  proceeds  of  all  lands  or  other  property 
given  by  individuals  or  appropriated  by  the  state  for  like  purposes  shall 
be  and  remain  a  perpetual  fund,  the  interest  and  income  of  which,  to- 
gether with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall  be  in- 
violably appropriated  and  annually  applied  to  the  specific  objects  of  the 
original  gift,  grant  or  appropriation. 

(14)  SEC.  12,    All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  state,  and  the  interest  on  the  clear  pro- 
ceeds from  the  sales  thereof  shall  be  appropriated  exclusively  to   the 
support  of  the  primary  schools. 

(15)  SEC.  13.    The  legislature  shall  appropriate  all  salt  spring  lands 


8  STATE    OF    MICHIGAN. 


now  unappropriated,  or  the  money  arising  from  the  sale  of  the  same, 
where  such  lands  have  already  been  sold,  and  any  funds  or  lands  which 
may  hereafter  be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  the  agricultural  college. 

(16)  SEC.  14.    The  legislature  shall  provide  by  law  for  the  establish- 
ment of  at  least  one  library  in  each  township  and  city;  and  all  fines 
assessed  and  collected  in  the  several  counties,  cities  and  townships  for 
any  breach  of  the  penal  laws  shall  be  exclusively  applied  to  the  support 
of  such  libraries. 

(17)  SEC.  15.     Institutions  for  the  benefit  of  those  inhabitants  who 
are  deaf,  dumb,  blind,  feeble-minded  or  insane  shall  always  be  fostered 
and  supported. 


GENERAL    SCHOOL    LAWS. 


STATUTORY  PROVISIONS. 
ELECTIONS. 

An  Act  fixing  the  time  when  members  of  the  state  board  of  educa- 
tion shall  be  elected. 

[Act  216,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(18)      SECTION  1.     At  the  biennial  spring  election  to  be  Members 
held  on  the  first  Monday  in  April  of  nineteen  hundred  nine,  educat?on, 
and  at  each  succeeding  biennial  spring  election,  there  shall  when  el 
be  elected  one  member  of  the  board  of  education,  who  shall 
hold  his  office  for  six  years  from  the  first  day  of  July  follow- 
ing his  election;  at  the  biennial  spring  election  to  be  held 
on  -the  first  Monday  in  April,  nineteen  hundred  nine,  a  suc- 
cessor to  the  member  of  the  state  board  of  education  whose 
term  of  office  expired  on  December  thirty-first,  nineteen  hun- 
dred eight,  shall  be  elected;  at  the  biennial  spring  election 
to  be  held  on  the  first  Monday  in  April,  nineteen  hundred 
eleven,  a  successor  to  the  member  of  the  state  board  of  edu- 
cation whose  term  will   expire  December  thirty-first,    nine- 
teen hundred  ten,  shall  be  elected ;  and  at  the  biennial  spring 
election  to  be  held  on  the  first  Monday  in  April,  nineteen 
hundred  thirteen,    a    successor   to    the   member  of  the  state 
board  of  education  whose  term    will    expire    on    December 
thirty-first,  nineteen  hundred  twelve,  shall  be  elected.     Each  Term. 
member  shall  hold  his  office  for  the  term  for  which  he  was 
elected  and  until  his  successor  is  elected  and  qualified. 


An  Act  to  provide  for  the   election  of  a  superintendent  of  public 

instruction. 

[Act   12,    P.    A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(19)      SECTION  1.     At  the  biennial  spring  election  to  be  when  elected, 
held  on   the  first  Monday  in  April,  nineteen  hundred  nine, te 
and   every  second  year  thereafter,   there  shall  be  elected  a 
superintendent  of  public  instruction,    who   shall    hold    office 
for  a  period  of  two  years  from  the  first  day  of  July  following 


10 


STATE    OF    MICHIGAN. 


his  election  and  until  his  successor  is  elected  and  qualified. 
The  person  receiving  the  greatest  number  of  votes  at  such 
election  shall  be  by  the  state  board  of  canvassers  declared 
elected  to  such  office. 

Act  270  of  1913,  abolishing  the  office  of  commissioner  of  the  state  land  office, 
transfers  to  the  superintendent  of  public  instruction  the  duties  of  that  officer 
"on  the  board  of  state  auditors  and  all  other  boards,  committees  or  commis- 
sions of  which  the  commissioner  of  the  state  land  office  is  by  virtue  of  his  office 
a  member." 


THE  PRIMARY  SCHOOL  SYSTEM. 

An  Act  to  revise  and  consolidate  the  laws  relating  to  public  instruc- 
tion and  primary  schools,  and  to  repeal  all  statutes  and  acts  con- 
travening the  provisions  of  this  act. 

[Act  164,  P.  A.  1881.1 

The  People  of  the  State  of  Michigan  enact: 
CHAPTER  I. 


THE    SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 


Supt.  of 

public 

instruction 


(20)  §  4639.  SECTION  1.  The  superintendent  of  public 
instruction  shall  have  general  supervision  of  general  instruc- 
tion in  all  public  schools  and  in  all  state  institutions  that  are 
educational  in  their  character,  as  follows:  The  university, 
the  agricultural  college,  the  institution  for  the  deaf  and 
dumb,  the  school  for  the  blind,  the  state  industrial  school  for 
boys,  the  state  industrial  home  for  girls,  the  state  public 
school  for  dependent  and  neglected  children,  and  the  home 
for  the  feeble-minded,  and  any  similar  institution  that  may 

Residence.  hereafter  be  created.  He  shall  reside  at  the  seat  of  the  state 
government  and  shall  devote  his  entire  time  to  the  duties  of 

Qualification,  his  office.  He  shall  be  a  graduate  of  a  university,  college  or 
state  normal  school  of  good  standing,  and  shall  have  had  at 
least  five  years'  experience  as  a  teacher  or  superintendent  of 
schools.  His  duties  shall  be  as  follows: 

Duties.  (a)  To  visit  the  institutions  mentioned  above  and  meet 

with  the  governing  boards  thereof  from  time  to  time; 

(b)  To  direct  the  supervision  of  county  normal  training 
classes  and  provide  general  rules  for  their  management  and 
control ; 

(c)  To  require  all  boards  of  education  to  observe  the  laws 
relating  to   schools,   and  he  shall   have  authority  to  compel 
such  observance  by  appropriate  legal   proceedings  instituted 
in  courts  of  competent  jurisdiction  by  direction  of  the  atlm- 
ney  general ; 


GENERAL  SCHOOL  LAWS.  11 

(d)  To  examine  and  audit  the   official    records    and    ac-  Records  and 
counts  of  any  school  district,  and  require  corrections  thereof  a 

when  necessary,  and  to  require  an  accounting  from  the  treas- 
urer of  any  school  district  when  necessary ; 

(e)  To  require  all  school  districts  to  maintain  school  or  statutory 
provide  educational  facilities  for  all  children  resident  in  such  ?cho°oi.°f 
district  for  at  least  the  statutory  period; 

(f)  To  prepare  annually,  and  transmit  to  the  governor,  Annual 
to  be  by  him  transmitted  to  the  legislature  at  each  biennial report 
session  thereof,  a  report  containing  a  statement  of  the  gen- 
eral educational  conditions  of  the  state;  a  general  statement 
regarding  the  operation  of  the  several  state  educational  in- 
stitutions and   all  incorporated  institutions  of  learning;  to 
present  plans  for  the  improvement  of  the  general  educational 
system  if  in  his  judgment  it  is  deemed  necessary;  the  report 
shall  also  contain  the  annual  reports  and  accompanying  docu- 
ments of  all  state  educational  institutions  so  far  as  the  same 
may  be  of  public  interest,  and  tabulated  statements  of  the 
annual  reports  of  the  several  school  officers  of  the  townships 

and  cities  of  the  state,  and  any  other  matter  relating  to  his 
office  which  he  may  deem  expedient  to  communicate  to  the 
legislature ; 

(g)  To  appoint  a  time  and  place  and  proper  instructors  state^ 
for  a  state  teachers'  institute  and  for  institutes  in  the  sev-  institute. 
era!  counties  of  the  state,  and  make  such  rules  and  regula- 
tions for  their  management  as  he  may  deem  necessary; 

(h)  He  may  request  the  governor  to  remove  from  office  May  request 
any  county  commissioner  of  schools  or  member  of  the  board  certain1  officer. 
of  school  examiners  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him  that  said  officer  does  not  possess 
the  qualifications  required  by  law  entitling  him  to  hold  the 
office,  or  when  he  is  incompetent  to  execute  properly  the 
duties  of  the  office,  or  has  been  guilty  of  official  misconduct, 
or  of  wilful  neglect  of  duty,  or  of  drunkenness.  In  case  said 
superintendent  shall  determine  the  charges  submitted  to  him 
are  well  founded  he  shall  file  with  the  governor  a  statement 
in  writing  showing  the  specific  and  definite  charge  or  charges 
made  against  the  officer  complained  of,  and  also  a  statement 
that  he  believes  the  charges  to  be  true,  and  that  in  his  opin- 
ion the  case  demands  investigation,  which  statement  shall 
take  the  place  of  the  statement  of  the  prosecuting  attorney 
of  the  county  in  which  said  officer  is  acting;  whereupon  the 
governor  shall  proceed  to  investigate  the  case  as  the  statute 
provides ; 

(i)      The  superintendent  of  public  instruction    shall    have  Power  to 
power  and  is  hereby  required  to   remove  from  office,   upon  Offlceve  fr°m 
satisfactory  proof  and  after  at  least  ten  days'  notice  to  the 
party  implicated,  any   member  of   any   school  board  except 
city  school  districts  who  shall  have  illegally  used  or  disposed 
of  any  of  the  public  moneys  entrusted  to  his  charge,  or  who 


12 


STATE    OF    MICHIGAN. 


Proviso,  set- 
ting aside  of 
order. 


shall  persistently  and  without  sufficient  cause  refuse  or  neg- 
lect to  discharge  any  of  the  duties  of  his  office,  and  in  case 
of  such  removal  it  shall  be  the  duty  of  the  said  state  super- 
intendent to  have  recorded  in  the  office  of  the  township  clerk 
of  such  township  the  resolution  or  order  for  such  removal, 
and  such  record  of  such  resolution  or  order  so  entered  or  a 
certified  copy  thereof  shall  be  prima  facie  evidence  in  all 
courts  and  places  of  jurisdiction  of  the  regularity  of  such 
proceedings  for  removal,  and  said  state  superintendent  shall 
file  a  similar  copy  of  the  proceedings  in  the  records  of  his 
office:  Provided,  That  if  the  party  so  removed  shall  within 
thirty  days  after  such  removal  institute  proceedings  before 
a  court  of  competent  jurisdiction  for  the  setting  aside  of 
such  order  for  removal  from  office,  or  if  after  said  thirty  days 
such  proceedings  to  obtain  such  removal  shall  be  discon- 
tinued or  dismissed,  the  said  order  for  removal  from  office 
shall  stand  and  not  be  subject  to  attack  by  any  legal  pro- 
ceedings thereafter:  Provided  further,  That  when  an  officer 
is  removed  for  cause  he  shall  not  again  be  elected  or  appoint- 
ed to  said  office  for  a  period  of  at  least  five  years  thereafter ; 

(j)  To  do  all  things  necessary  to  promote  the  welfare  of 
the  public  schools  and  public  educational  institutions  and 
provide  proper  educational  facilities  for  the  youth  of  the 
state. 

From  and  after  the  first  day  of  July,  nineteen  hundred 
nine,  the  salary  of  the  superintendent  of  public  instruction 
shall  be  four  thousand  dollars  per  annum,  which  shall  be 
paid  monthly  out  of  the  general  fund  in  the  state  treasury 
upon  the  warrant  of  the  auditor  general  in  the  same  manner 
as  the  salaries  of  other  state  officers  are  paid. 

Am.  1905,  Act  72 ;  1909,  Act  9  :  1911,  Act  217. 

As  to  superintendent  of  public  instruction,  see  Const.,  section  4  of  this  com- 
pilation. 


Further 
proviso,  five 
years. 


To  promote 
welfare. 


Salary,  how 
paid. 


Deputy, 
qualification. 


Duty. 


Salary. 
How  paid. 


Proviso. 


(21)  §  4640.  SEC.  2.  In  order  to  organize  the  work  of 
the  department  of  public  instruction  and  assist  the  super- 
intendent in  the  performance  of  his  duties  in  supervising 
public  education,  he  may  appoint  a  deputy  superintendent  of 
public  instruction  whose  educational  qualifications  shall  be 
the  same  as  those  required  of  the  superintendent  of  public 
instruction,  who  shall  take  the  constitutional  oath  of  office 
which  shall  be  filed  with  the  secretary  of  state.  Said  deputy 
shall  assist  the  superintendent  in  the  performance  of  his 
duties  and  he  may  execute  the  duties  of  the  office  of  super- 
intendent in  case  of  a  vacancy  or  in  the  absence  of  the  super- 
intendent. The  salary  of  the  deputy  superintendent  shall  be 
two  thousand  five  hundred  dollars  per  annum.  The  salary  of 
the  deputy  superintendent  shall  be  paid  from  the  general 
fund,  upon  a  warrant  of  the  auditor  general,  in  the  same 
manner  that  the  salaries  of  other  state  officers  are  paid :  Pro- 
vided, That  the  superintendent  of  public  instruction  may  also 


GENERAL    SCHOOL   LAWS.  13 


appoint  an  assistant  superintendent,  who  shall  perform  such 
duties  as  the  superintendent  of  public  instruction  shall  pre- 
scribe.    The  salary  of  the  assistant  superintendent  shall  be 
eighteen  hundred  dollars  per  annum,  and  such  salaries  shall 
be  paid  from  the  general  fund,  upon  a  warrant  of  the  audi- 
tor general,  in  the  same  manner  that  the  salaries  of  other 
state  officers  are  paid.    The  superintendent  of  public  instruc-  Revocation  of 
tion  may  revoke  any  of  said  appointments  in  his  discretion.  aPP°mtment- 
There  is  hereby  appropriated  out  of  the  general  fund  in  the 
state  treasury  a  sufficient  amount    to    carry    out    the    pro- 
visions of  this  act.     The  auditor  general   shall  add  to  and  Tax  clause, 
incorporate  in  the  state  tax  for  the  year  nineteen  hundred 
thirteen  and  every  year  thereafter  a  sufficient  amount  to  re- 
imburse the  general  fund  for  the  amounts  appropriated  by 
this  act. 

Am.  1909,  Act  9  ;  1913,  Act  197. 

(22)  §  4641.     SEC.  3.     The  superintendent  of  public  in- Rules  and 
struction   may  prepare  and  have  printed  general  rules   and  wn^t^make. 
regulations   for   the   management   of   township    and   district 
libraries,   and   shall   prepare   and  have  printed   a   course  of 

study  for  the  district  schools  of  the  state,  which  shall  be  pur- 
sued in  all  district  schools  in  the  state,  except  city  school 
districts,  and  he  shall  transmit  all  these  documents  to  the 
several  school  officers  entrusted  with  the  care  and  manage- 
ment of  the  public  schools.  With  the  co-operation  of  the  Books,  lists  of. 
state  librarian,  he  shall  prepare,  at  least  once  in  every  two 
years,  lists  of  books  suitable  for  township  and  district  libra- 
ries, and  furnish  copies  of  such  lists  to  each  township  and 
school  officer  entrusted  with  the  care  and  custody  of  their 
respective  libraries,  except  city  school  libraries,  and  high 
school  libraries,  from  which  lists  the  said  school  officers 
shall  select  and  purchase  books  for  their  respective  libraries. 

Am.  1905,  Act  72;  1911,  Act  217;  1913,  Act  323. 

(23)  §  4642,     SEC.  4.     He  shall  in  the  year  nineteen  hun-  Apportion- 
dred  twelve,  and  annually  thereafter  on  receiving  notice  f rorn  palmary  school 
the  auditor  general  of  the  amounts  thereof  and  between  the  fund>  etc- 
fifth  and  fifteenth  days  of  July  apportion  the  primary  school 

interest  fund  among  the  several  townships  and  cities  of  the 
state  in  proportion  to  the  number  of  children  in  each  between 
the  ages  of  five  and  twenty  years  as  the  same  shall  appear  by 
the  reports  of  the  several  township  clerks  made  to  him  for  the 
school  year  closing  in  July  of  the  preceding  year,  and  shall 
prepare  a  statement  of  the  amount  in  the  aggregate  payable 
to  each  county,  and  shall  deliver  the  same  to  the  auditor  gen- 
eral, who  shall  thereupon  draw  his  warrant  upon  the  state  Warrant  for, 
treasurer  in  favor  of  the  treasurer  of  each  county  for  the how  drawn- 
amount  payable  to  each  county.    He  shall  also  send  written  Notice  to 

county  clerks. 

• 


14 


STATE    OF    MICHIGAN. 


notices  to  the  clerks  of  the  several  counties  of  the  amount  in 
the  aggregate  to  be  disbursed  in  their  respective  counties,  and 
the  amount  payable  to  the  townships  and  cities  therein  re- 
spectively. The  primary  school  interest  fund  payable  under 
the  law  now  existing  shall  be  apportioned  and  paid  between 
the  first  and  tenth  days  of  November,  nineteen  hundred 
Proviso.  eleven :  Provided,  That,  if  any  deficiency  shall  be  caused  in 

the  teachers'  wages  fund  in  any  school  district  by  the 
changing  of  the  date  of  the  apportionment  of  the  primary 
school  interest  fund  by  the  superintendent  of  public  instruc- 
tion, the  school  board  or  board  of  education  of  said  district 
shall  have  authority  first  to  borrow  on  the  warrant  of  the 
district  a  sum  sufficient  to  meet  such  deficiency  or,  second, 
to  borrow  and  issue  bonds  of  the  school  district  for  the  sum 
of  such  deficiency  for  a  period  not  to  exceed  five  years. 

Am.  1905,  Act  72  ;  1911,  Act  217. 

Where  the  superintendent  of  public  instruction  directed  the  payment  of  the 
apportionment  of  funds  to  one  of  the  four  districts  of  the  township,  the  direc- 
tion for  payment  of  the  funds  followed  the  same  into  the  hands  of  the  town- 
ship treasurer,  and  no  other  or  further  apportionment  was  necessary  or  could 
be  made  by  the  township  clerk,  who  was  powerless  to  alter  or  modify  the  action 
of  the  superintendent  of  public  instruction. — Moiles  v.  Watson,  60  /  415.  The 
assessor  of  the  district,  to  whom  the  money  was  paid,  being  assessor  de  facto, 
the  question  of  whether  or  not  he  was  also  assessor  de  jure  could  not.  be  raised 
in  this  case. — Id.  It  has  from  the  beginning  been  the  policy  of  this  state  to 
maintain  its  primary  schools  for  the  education  of  children  within  school  age, 
and  to  that  end  it  has  always  caused  to  be  set  aside  certain  revenues,  which, 
by  statute  are  apportioned  to  the  several  counties  according  to  the  number  of 
children  residing  in  each  county  within  the  age  limit,  "as  the  same  shall  appear 
by  the  reports  of  the  several  school  boards  or  school  inspectors  made"  for  that 
purpose. — Muskegon  Public  Schools  v.  Wright,  176/6,  12. 


Proceedings  (24)  §  4643.  SEC.  5.  Whenever  the  returns  from  any 
defective  county,  township,  city,  or  district,  upon  which  a  statement 
of  the  amount  to  be  disbursed  or  paid  to  any  such  county, 
township,  city,  or  district  shall  be  so  far  defective  as  to 
render  it  impracticable  to  ascertain  the  share  of  primary 
school  interest  fund  which  ought  to  be  disbursed  or  paid  to 
such  county,  township,  city,  or  district,  he  shall  ascertain 
by  the  best  evidence  in  his  power  the  facts  upon  which  the 
ratio  of  such  apportionment  shall  depend,  -and  shall  make 
the  apportionment  accordingly. 

whendefi-  (25.)      §  4644.     SEC.   6.     Whenever  any  county,  township, 

apportioSbe  city>  or  district,  through  failure  or  error  in  making  the 
the  next  year,  proper  report,  shall  fail  to  receive  its  share  of  the  primary 
school  interest  fund,  the  superintendent  of  public  instruc- 
tion, upon  satisfactory  proof  that  said  county,  township, 
city,  or  district  was  justly  entitled  to  the  same,  shall  appor- 
tion such  deficiency  in  his  next  apportionment;  and  when- 
ever it  shall  appear  to  the  satisfaction  of  said  superintendent 
than  any  district  has  had  three  months'  school,  but  failed  to 
have  the  full  time  of  school  required  by  law,  through  no  fault 
or  negligence  of  the  district  or  its  officers,  he  may  include 
such  district  in  his  apportionment  of  the  primary  school  in- 
terest fund,  in  his  discretion. 


GENERAL  SCHOOL  LAWS.  15 

(26)      §   4645.     SEC.   7.     The  superintendent   of  public  in- other  Duties 
struction  shall  perform  such  other  duties  as  are  or  shall  be  tend<Sft.m~ 
required  of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records,  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


CHAPTER  II. 

FORMATION,,    ALTERATION,    MEETINGS,    AND    POAVERS    OF    DISTRICTS. 

(27)      §   4646.     SECTION  1.     The  township   board  of  each  Township 
township  shall  have  authority  to   divide  the  township   into  authority  of, 
such  number  of  school  districts  as  may  from  time  to  time  $  school11 
be  necessary,  which  districts  it  shall   number,   and   it  may  districts, 
regulate   and  alter   the  boundaries   of   the  same   as   circum- 
stances shall  render  proper;  and  each  district  shall  be  com- 
posed of  contiguous  territory  and  be  in  as  compact  a  form 
as  may  be.     Districts  heretofore  organized  shall  remain  and  Districts 
have  the  same  boundaries  as  at  the  time  of  the  passage  of 
this  act,  subject  to  change  hereafter    in    the    discretion    of 
the  township  board. 

Am.   1901,  Act  37;   1909,  Act  31. 

PRIMARY  SCHOOL  SYSTEM  :  The  whole  primary  school  system  was  con- 
fided by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 
officers  of  school  districts  chosen  pursuant  to  the  system  adopted  by  the  leg- 
islature, are  constitutional  officers. — Belles  v.  Burr,  70  /  11.  The  constitution 
of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  establish- 
ment of  a  system  of  primary  schools,  restricting  the  legislature  only  by  pro- 
viding that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the  Eng-" 
lish  language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93  /  283  ;  People  v.  Hewlett,  94  /  168  ;  Pingree 
v.  Board  of  Education,  99  /  408.  The  constitution  of  1909  provides,  that  a 
district  maintain  school  five  months  in  each  year  in  order  to  participate  in 
the  primary  interest  fund.  Our  primary  school  system  is  the  pride  of  the 
state. — People  v.  Hewlett,  94  /  169. 

FORMATION  OF  DISTRICTS:  See  Doxey  v.  Sch.  Inspectors,  67/603; 
Brody  v.  Penn.  Twp.  Board,  32  /  273  ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343 ; 
Simpkins  v.  Ward,  45  /  561.  See  Briggs  v.  Borden,  71  /  89-90 ;  People  v. 
Davidson,  2  Doug.  121  ;  Brewer  v.  Palmer,  13  / 107.  When  two  districts  are 
annexed  without  any  other  change  in  their  boundaries,  the  mere  fact  that 
one  number  is  preferred  to  another  does  not  change  the  real  character  of  the 
annexation. — Brewer  v.  Palmer,  13  / 109.  When  one  district  is  annexed  to 
another,  its  corporate  existence  ceases  and  it  cannot  be  sued  for  debts ;  the 
new  district  must  be  held  responsible  for  them. — Id.  But  when  a  district 
is  parceled  out  among  several  other  districts,  the  latter  cannot  be  held 
jointly  liable  for  the  debts  of  the  former ;  whatever  they  are  bound  to  pay 
is  a  several  and  not  a  joint  obligation. — Halbert  v.  Sch.  Dists.,  36  /  421. 
Change  of  a  district  formed  by  special  act  of  the  legislature. — Sch.  Dist.  v. 
Dean,  17/223.  The  organization  of  a  new  township  severs  its  territory  from 
the  school  district  within  which  it  was  formerly  embraced. — People  v.  Ryan, 
19  /  203.  See  section  35. 

QUESTIONING  REGULARITY  :  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collater- 
ally, but  only  in  direct  proceedings. — Clement  v.  Everest,  29  /  19.  See  Sch. 
Dist.  v.  Inspectors,  27/3;  Stuart  v.  Sch.  Dist,  30/69;  Lord  v.  Every,  38  / 
405  ;  Bird  v.  Perkins,  33  /  30  ;  Stockle  v.  Silsbee,  41  /  621  ;  Keweenaw  Ass'n  v. 
Sch.  Dist.,  98  /  437.  The  legality  of  the  organization  and  existence  of  the 
district  cannot  be  tested  by  certiorari. — Jaquith  v.  Hale,  31  /  430.  Certiorari 
to  review  the  proceedings  in  organizing  a  district  will  not  lie  after  the  dis- 
trict is  actually  organized  and  has  assumed  the  functions  of  a  corporation  ; 
its  corporate  existence  must  then  be  tested  by  quo  warranto. — Sch.  Dist  v. 
Inspectors,  27  /  3  ;  People  v.  Gartland,  75  /  143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  interference  by  quo  warranto  with 
the  organization  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board. — Lord 
v.  Every,  38  /  405.  And  the  supreme  court  will  not  meddle  with  the  con- 


16 


STATE    OF    MICHIGAN. 


cerns  of  school  districts,  on  mandamus,  except  on  things  of  substance. — Sch. 
Dlst.  v.  Riverside  Twp.,  67  /  406.  The  facts  in  regard  to  the  notices  and  proof 
of  posting  are  sufficiently  established  if  set  out  in  the  return  of  the  board, 
though  not  appearing  in  the  clerk's  minutes  of  the  proceedings.  The  act  of 
detaching  territory  from  two  school  districts  and  forming  a  new  district  by 
one  and  the  same  motion,  after  parties  interested  have  had  ample  opportunity 
to  be  heard  on  both  questions,  is  valid. — Smelzer  v.  Inspectors  Big  Prairie 
Twp.,  125/666. 


Notice  to 
inhabitant 
on  formation 
of  district. 


Notice  to 

qualified 

voters. 


Return, 
what  to 
show. 


Proceedings 
in  case  of 
failure  to 
organize 
district. 


Fractional 
districts, 
how  formed. 


Annual 
reports, 
where 
made. 


(28)  §  4647.     SEC.  2.     Whenever  the  township  board  of 
any  township  shall  form  a  school  district  therein,  it  shall  be 
the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable 
inhabitant  of  such  district  a  notice  in  writing  of  the  forma- 
tion of  such  district,  describing  its  boundaries  and  specify- 
ing the  time  and  place  of  the  first  meeting,  which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  record 
by  the  clerk.     The  said  notice  shall  also  direct  such  inhabit- 
ant to  notify  every  qualified  voter   of  such  district,  either 
personally  or  by  leaving    a    written    notice  at  his  place  of 
residence,  of  the  time  and  place  of  said  meeting,  at  least  five 
days  before  the  time  appointed  therefor ;  and  it  shall  be  the 
duty  of  such  inhabitant  to  notify  the  qualified  voters  of  said 
district  accordingly,  and  said  inhabitant,  when  he  shall  have 
notified  the  qualified  voters  as  required  in  such  notice,  shall 
endorse  thereon  a  return  showing  such  notification  with  the 
date  or  dates  thereof,  and  deliver  such  notice  and  return  to 
the  chairman  of  the  meeting,  to  be  by  him  delivered  to  the 
director    chosen    at    such    meeting,    and    by    said    director 
recorded  at  length  as  a  part  of  the  records  of  such  district. 

Am.  1909,  Act  31. 

NOTICE  :  The  board  may,  under  one  notice,  at  one  meeting,  by  separate 
action,  detach  lands  from  separate  school  districts  and  attach  them  to  one 
district. — Doxey  v.  School  Inspectors,  67  /  601.  Irregularity  in  notice. — 
Parman  v.  Inspectors,  49/63.  See  Roeser  v.  Gartland,  75/144. 

RECORDS  :     Importance  of. — Sch.  Dist.  v.  Snell,  24  /  352. 

(29)  §   4648.     SEC.   3.     In   case   the  inhabitants  of  any 
district  shall  fail  to  organize  the  same  in  pursuance  of  such 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice  in 
the  manner   hereinbefore   provided,   and    the    same   proceed- 
ings shall  be  had  thereon  as  if  no  previous  notice  had  been 
delivered. 

(30)  §  4649.    SEC.  4.    Whenever  it  shall  be  necessary  or 
convenient  to  form   a  district  from  two  or  more  adjoining 
townships/ the  township  boards,  or  a  majority  of  them,  of 
each  of  such  adjoining  townships,  may  form  such  district,  to 
be  designated  as  a  fractional  district,  and  direct  which  town- 
ship clerk  shall  make  and  deliver  the  notice  of  the  formation 
of  the  same  to  a  taxable  inhabitant  thereof,  and  may  regulate 
and  alter  such  district  as  circumstances  may  render  neces- 
sary in  the  same  manner  that  other  districts  are  altered. 
The  annual  reports  of  the  director  of  such  district  shall  be 
made  to  the  clerk  of  the  township  in  which  the  schoolhouse 
may  be  situated,  and  the  township  board  of  such  township 
shall  number  said  district. 

Am.  1909,  Act  31. 

Saginaw  Twp.  v.  Sch.  Dist,  9/544;  Brewer  v.  Palmer,  13/109. 


GENERAL  SCHOOL  LAWS.  17 

(31)  §  4650.     SEC.  5.     Every  such  school  district  shall  be  when 
deemed  duly  organized  when  any  two  of  the  officers  elected  deemed8 
at  the  first  meeting  shall  have  filed  their  acceptances  in  writ- 

ing  with  the  director,  and  the  same  shall  have  been  recorded 
in  the  minutes  of  such  first  meeting.     Every  school  district 
shall  in  all  cases  be  presumed  to  have  been  legally  organized 
when  it  shall  have  exercised  the  franchises  and  privileges  "of  ^rgamzed 
a  district  for  the  term  of  two  years ;  and  such  school  district 
and  its  officers  shall  be  entitled  to  all  the  rights,  privileges 
and  immunities,  and  be  subject  to  all  the  duties  and  liabili- 
ties conferred  upon  school  districts  by  law.     Any  school  dis-  Organization, 
trict  shall  lose  its  organization  as  follows: 

(a)  Whenever  there   are  not  three  or  more  persons  in 
such  district  qualified  under  the  law  to  hold  district  offices; 

(b)  Whenever  such  district  shall  fail  to  maintain  school  Failure  to 
for  the  time  required  by  law  for  a  period  of  two  successive  So\am 
years  either  within  its  own  boundaries  or  by  providing  for 

the  education  of  the  children  in  other  districts.  Upon  the  Resolution 
happening  of  either  condition,  the  township  board,  or  joint 
board,  if  such  district  be  fractional,  shall  declare  by  resolu- 
tion such  district  dissolved  and  shall  immediately  attach  the 
territory  thereof,  in  whole  or  in  part,  to  other  districts  al- 
ready organized  and  make  an  equitable  distribution  of  the 
money,  property  and  other  material  belonging  to  such  dis- 
trict among  the  districts  to  which  the  territory  thereof  shall 
be  attached,  in  accordance  with  the  provisions  hereinafter 
stated. 

Am.  Id. 

PRESUMPTION  OF  LEGAL  ORGANIZATION:  When  a  district  has  ex- 
ercised the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the  legality  of  its  organization. — Sch.  Dist.  v.  Sch. 
Dist.,  63/56;  Sch.  Dist.  v.  Sch.  Dist.,  81/343;  Bd.  of  Ed.  of  Traverse  City 
v.  Straub,  182  /  665.  The  same  rule  which  recognizes  the  right  of  officers  de 
facto  recognizes  corporations  de  facto. — Clement  v.  Everest,  29  /  23.  In  public 
affairs,  when  the  people  have  organized  themselves  under  color  of  law  into  the 
ordinary  municipal  bodies,  and  have  gone  on  year  after  year  raising  taxes, 
making  improvements  and  exercising  their  usual  franchises,  their  rights  are 
properly  regarded  as  depending  quite  as  much  on  the  acquiescence  as  on  the 
regularity  of  their  origin,  and  no  ex  post  facto  inquiry  can  be  permitted  to  undo 
their  corporate  existence. — People  v.  Maynard,  15  /  470.  As  to  questioning  the 
regularity  of  organizations,  etc.,  see  note  to  section  27. 

(32)  §  4651.     SEC.  6.     The   record    of   the   first   meeting  Directors' 
made  by  the  director  shall  be  prima  facie  evidence  of  the 

facts  therein  set  forth  and  of  the  legality  of  all  proceedings 
in  the  organization  of  the  district  prior  to  the  first  district 
meeting;  but  nothing  in  this  section  contained  shall  be  so 
construed  as  to  impair  the  effect  of  the  record  kept  by  the 
township  board  as  evidence. 

Am.   Id. 

CORPORATE  POWERS  OF  DISTRICTS. 

(33)  §  4652.     SEC.  7.     Every  school  district  organized  in  school 
pursuance  of  this  chapter,  or  which  has  been  organized  and  ^SSiy' 
continued  under  any  previous  law  of  the  state  or  territory  corP°rate- 
of  Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 

3 


18 


STATE    OF    MICHIGAN. 


usual  powers  of  a  corporation  for  public  purposes,  by  the 
name  and  style  of  "school  district  number (such  num- 
ber as  shall  be  designated  in  the  formation  thereof  by  the 

township  board),  of  (the  name  of  the  township 

or  townships  in  which  the  district  is  situated),"  and  in  that 
name  shall  be  capable  of  suing  and  being  sued,  of  contracting 
and  being  contracted  with,  and  of  holding  such  real  and 
personal  estate  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  law,  and  of  selling  the  same. 


Name  and 
style. 


Power  of. 


Alteration 
of  district 
boundaries 
by  township 
board. 


Posting 
notice. 


Am.  Id. 

CORPORATE  POWERS  :  The  school  district,  under  our  statutes,  is  a  cor- 
poration, and,  as  such  corporation,  is  represented  by  three  officers ;  a  moder- 
ator, director  and  assessor.  The  affairs  of  the  district  are  managed  and  con- 
trolled by  them,  under  certain  restrictions. — Sch.  Dist.  v.  Sen.  Dist.,  63  /  57. 
A  school  district  can  take  and  hold  bequests  of  money  for  the  maintenance 
of  a  public  library  for  the  use  and  benefit  of  the  residents  of  the  district.- — 
Maynard  v.  Woodward,  36  /  423.  School  districts,  like  townships  and  coun- 
ties, are  subdivisions  of  the  state.  This  section  gives  them  the  capacity  to 
sue  and  be  sued. — Van  Wert  v.  Sch.  Dist..,  100  /  333.  School  districts  are 
municipal  corporations. — Seeley  v.  Board  of  Ed.,  39  /  486  ;  Sch.  Dist.  v.  Gage, 
39  /  484  ;  Belles  v.  Burr,  76  /  1.  And  cannot  be  garnisheed  even  by  their  own 
consent,  unless  the  debtor  also  consents. — Id.  Tuey  preceded  the  constitution 
(Stuart  v.  Sch.  Dist.,  30/69),  and  were  recognized  by  that  instrument. — 
Belles  v.  Burr,  76/11.  It  is  familiar  doctrine  that  school  districts  are  stnte 
agencies  with  limited  powers,  confined,  generally,  to  those  expressly  enumerated 
and  those  necessarily  implied. — Attorney  General  v.  Detroit  Bd.  of  Education, 
175  /  440. 

ALTERATION   OF  DISTRICTS. 

(34)  §  4653.  SEC.  8.  Whenever  the  township  board  shall 
contemplate  an  alteration  of  the  boundaries  of  a  district,  the 
township  clerk  (and  for  meetings  of  boards  to  act  in  rela- 
tion to  fractional  districts,  clerks  of  the  several  townships 
interested)  shall  give  at  least  ten  days'  notice  of  the  time  and 
place  of  the  meeting  of  said  board  and  the  alteration  pro- 
posed, by  posting  such  notice  in  three  public  places  in  tlfe 
township  or  townships,  one  of  which  notices  shall  be  in  each 
of  the  districts  that  may  be  affected  by  such  alteration, 
joint  boards.  Whenever  the  township  boards  of  more  than  one  township 
meet,  they  shall  elect  one  of  their  number  chairman,  and 
another  clerk  thereof. 

Am.  Id. 

NOTICE  :  The  notice  required  is  jurisdictional  and  indispensable. — Coulter 
v.  Inspectors,  59  /  391 ;  Sch.  Dist.  v.  Inspectors,  63  /  611 ;  Gentle  v.  In- 
spectors, 73  /  40  ;  Graves  v.  Inspectors',  102  /  635  ;  Passage  v.  Inspectors,  19  / 
330 ;  Andress  v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice 
should  be  filed  with  the  clerk  of  the  board,  before  any  action  is  taken. — • 
Coulter  v.  Inspectors,  59  /  391  ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Graves  v. 
Inspectors,  102  /  635.  Where  notice  is  not  given  the  filing  of  the  consent  oi- 
a  majority  of  the  resident  taxpayers  of  the  districts  affected  will  not  validate 
the  action. — Gentle  v.  Inspectors,  73/40.  Notices  must  be  posted  in  each 
township  affected  by  the  alteration. — Sch.  Dist.  v.  Metcalf,  93/499.  The 
object  of  the  notice  is  to  enable  parties  interested  to  be  heard  before  any 
action  is  taken. — Gentle  v.  Inspectors,  73  /  45  ;  Sch.  Dist.  v.  Metcalf,  93  /  499. 
As  to  the  provision  in  the  former  law,  see  Sch.  Dist.  y.  Sch.  Dist.,  63  /  51. 
Notice  of  posting  notices  in  three  public  places  is  jurisdictional.  Affidavit 
must  show  that  the  notices  were  so  posted.  Certiorari  will  lie  to  test  valid- 
ity of  proceedings  where  petitioner  moves  promptly. — Huyser  v.  Board  of 
School  Inspectors,  131  /  568. 

FRACTIONAL  DISTRICTS  :  The  action  of  the  joint  boards  is  required  in 
case  of  fractional  districts. — Sch.  Dist.  v.  Sch.  Dist.,  81  /  343. 

May  detach          (35)     §  4654.     SEC.  9.    The  township  board  may  in  its  dis- 

proplrtycl1       cretion  detach  the  property  of  any  person  or  persons  from 

one  district  and  attach  it  to  another;  except  that  no  land 

which  has  been  taxed  for  building  a  schoolhouse  shall  be  set 


GENERAL  SCHOOL  LAWS.  19 


off  into  another  school  district  for  the  period  of  three  years 
thereafter,  except  by  the  consent  of  the  owner  thereof;  and 
no  district  shall  be  divided  into  two  or  more  districts  with-  districts" 
out  the  consent  of  a  majority  of  the  resident  taxpayers  of 
said  district,  and  no  two  or  more  districts  shall  be  consoli- 
dated without  the  consent  of  a  majority  of  the  resident  tax^ 

payers  of  each  district. 

• 

Am.  Id. 

People  v.  Davidson  2  Doug.  121  ;  Brewer  v.  Palmer,  13  / 104.  See  Sch. 
Dist.  v.  Dean,  17  /  223  ;  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT :  The  school  inspectors  (township  board)  have 
power  to  alter  boundaries  of  districts,  and  ^attach  or  detach  persons,  to  or 
from  any  district ;  but  no  power  is  anywhere  granted  to  them  to  disband, 
dissolve  or  destroy  a  district,  save  as  restricted  under  this  section. — Briggs 
v.  Borden,  71  /  90.  As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  board 
have  no  authority  to  divide  up  a  district  and  destroy  it  without  the  consent 
of  a  majority  of  the  resident  taxpayers ;  nor  can  they  destroy  it  by  cutting 
it  up  into  pieces  and  attaching  all  the  territory  to  other  districts  without 
such  consent. — Id.  The  terms  "dissolve"  and  "disband"  are  of  similar  im- 
port and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a  meeting  to 
vote  upon  a  proposition  to  "dissolve." — Id. 

CONSENT  OF  OWNER :  Lands  taxed  within  three  years  for  building  a 
schoolhouse,  not  to  be  set  off  into  another  district  without  the  consent  of 
the  owner. — Coulter  v.  Inspectors,  59  /  391. 

CONSOLIDATION :  The  right  of  inspectors  to  consolidate  districts  de- 
pends upon  consent  of  majority  of  resident  taxpayers.  Where  a  school  dis- 
trict de  facto  formed  by  consolidation  of  other  districts  has  been  in  exist- 
ence two  years  or  more  the  court  will  not  set  aside  action  of  board. — 
llowcll  v.  Shannon,  130/556. 

POWER  OF  LEGISLATURE  :  The  legislature  may  change  the  boundaries 
of  district. — Att'y  Gen.  ex  rel.  Kies  v.  Lowery,  131  /  639. 

(36)  §  4655.  'SEC.  10.     The  township  board  shall  attach  unorganized 
to  a  school  district  contiguous  territory  in  the  township  and 

not  in  any  organized  district. 

Am.  1909,  Act  31  ;  1913,  Act  234. 

(37)  §  4656.     SEC.  11.     In  all  cases  where  an  alteration  Notice  to 
of  the  boundaries  of  a  school  district  shall  be    made,    the  district  °f 
township  clerk  shall,  within  ten  days,  deliver  to  the  director  aSect*f  by 
of  each  district  affected  by  the  alteration  a  notice  in  writing, 
setting  forth  the  action  of  the  township  board  and  defining 

the  alterations  that  have  been  made. 

Am.   1909,   Act  31. 

DIVISION  OF  PROPERTY. 

(38)  §  4657.     SEC.  12.    When  a  new  district  is  formed  in  Division  of 
whole  or  in  part  from  one  or  more  districts  possessed  of  a 
schoolhouse  or  entitled  to  other  property,  the  township  board 

at  the  time  of  forming  such  new  district,  or  as  soon  there- 
after as  may  be,  shall  ascertain  and  determine  the  amount 
justly    due   to   such   new   district   from   any   district   out   of 
which  it  may  have  been  in  whole  or  in  part  formed,  as  the 
proportion  of  such  new  district,  of  the  value  of  the  school- 
house  and   other  property  belonging  to  the  former  district, 
at  the  time  of  such  division;  and  whenever  by  the  division  of  when  may 
'  any  district,  the  schoolhouse  or  site  thereof  shall  no  longer  apportion 
be  conveniently  located  for  school  purposes  and  shall  not  be  Proceeds- 
desired  for  use  by  the  new  district  in  which  it  may  be  situ- 


20 


STATE    OF    MICHIGAN. 


ated,  the  township  board  of  the  township  in  which  such 
schoolhouse  and  site  shall  be  located  may  advertise  and  sell 
the  same,  and  apportion  the  proceeds  of  such  sale  and  also 
any  moneys  belonging  to  the  district  thus  divided  among  the 
several  districts  erected  in  whole  or  in  part  from  the  divided 
district. 

Am.  Id. 

Saginaw  Twp.  v.  Sch.  Dist.,  9  /  541 ;  People  v.  Ryan,  19  /  203 ;  Ramsey  v. 
Everett  Twp.  Clerk,  52  /  344  ;  Sch.  Dist.  v.  Riverside  Twp.,  67  /  404. 

NEW  DISTRICT:  See  Pine  Sch.  Dist.  v.  Wilcox,  48/404,  and  section  117 
as  to  appeals.  Bill  to  prevent  the  consummation  of  a  void  apportionment. — 
Sch.  Dist.  v.  Sch.  Dist.,  63/58.  Bill  to  restrain  the  sale  of  the  school- 
house. — Briggs  v.  Borden,  71  /  87.  Upon  the  formation  of  a  new  district  by 
the  union  of  two  or  more,,  the  new  district  succeeds  to  the  credits  and  prop- 
erty and  is  liable  for  the  debts  of  the  old  ones. — Brewer  v.  Palmer,  13  / 104  : 
Halbert  v.  Districts,  36/421. 


Proportion, 
how  ascer- 
tained. 


Debt 
deducted. 


Proviso. 


(39)  §  4658.  SEC.  13.  Such  proportion  shall  be  ascer- 
tained and  determined  according  to  the  value  of  the  taxable 
property  of  the  respective  parts  of  such  former  district  at 
the  time  of  the  division,  by  the  best  evidence  in  the  power  of 
the  township  board;  and  such  amount  of  any  debt  due  from 
the  former  district,  which  would  have  been  a  charge  upon  the 
new  had  it  remained  in  the  former  district,  shall  be  de- 
ducted from  such  proportion :  Provided,  That  no  real  estate 
thus  set  off,  and  which  shall  not  have  been  taxed  for  the  pur- 
chase or  building  of  such  schoolhouse,  shall  be  entitled  to 
any  portion  thereof  nor  be  taken  into  account  in  such  divi- 
sion of  district  property. 

Am.  Id. 

DEBTS  OF  OLD  DISTRICTS:  Where  the  territory  of  a  school  district  is 
absorbed  by  other  districts,  the  statute  contemplates  that  the  township  board 
shall  make  an  equitable  adjustment  of  property  and  debts,  so  as  to  propor- 
tion them  fairly  among  the  districts  which  have  succeeded  to  the  jurisdic- 
tion of  that  which  has  been  divided. — Halbert  v.  Sch.  Districts,  36/421. 
Where  a  school  district  has  been  subdivided  and  other  districts  set  off,  the 
debts  of  the  original  district  cannot  be  parceled  out  among  all  by  a  proceed- 
ing in  the  courts,  so  as  to  give  creditors  a  remedy  against  any  but  the  orig- 
inal debtors. — Turnbull  v.  Alpena  Sch.  Dist.,  45/496;  Maltz  v.  Board  of 
Education,  41  /  547.  A  debt  once  existing  must  remain  a  debt  against  the 
corporation  that  created  it,  and  its  obligation  is  not  destroyed  by  a  change 
in  corporation  limits.  If  contribution  is  required,  it  must  be  obtained  by 
the  corporation  and  not  by  its  creditors,  unless  otherwise  provided  by  law. 
—Turnbull  v.  Alpena  Sch.  Dist.,  45/499. 


Annual 
school 
meetings, 
when  held. 

School 
year,  when 
to  begin. 


Proviso. 


Special 
meetings. 


DISTRICT   MEETINGS. 

(40)  §  4659.     SEC.  14.     The  annual  meeting  of  all  school 
districts,  except  where  otherwise  provided  by  special  enact- 
ment, shall  be  held  on  the  second  Monday  of  July  in  each 
year.     The  school  year  shall  commence  on  that  day,  and  the 
trustees  and  officers  of  the  district  shall  date  their  terms  of 
office  from  said  day,  and  until  their  successors  are  elected 
and  qualified:     Provided,  That  any  district  may  vote  to  hold 
its  annual  meeting  on  the  fourth  Monday  in  July. 

Am.  1905,  Act  36. 

(41)  §  4660.     SEC.   15.     Special  meetings  may  be  called 
by  the  district  board;  and  it  shall  be  the  duty  of  said  board, 
or  any  one  of  them,  to  call  such  meetings  on  the  written  re- 


GENERAL    SCHOOL   LAWS.  21 

quest  of  not  less  than  five  legal  voters  of  the  district,  by  giv- 
ing the  notice  required  in  the  next  succeeding  section ;  but  no  when  may 
special  meeting  shall  be  called  unless  the  business  to  be  trans-  n 
acted  may  lawfully  come  before  such  meeting,  and  no  busi-  ^{JjP^g^ 
ness  shall  be  transacted  at  a  special  meeting  unless  the  same  in  notice.6 
be  stated  in  the  notice  of  said  meeting. 

NOTICE:  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 
and  if  they  be  such  as,  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  which  the  meetings  are  called,  they  must  be  held 
sufficient. — Peters  v.  Warren  Twp.,  98  /  55. 

SPECIAL  MEETING :  In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice  of 
the  meeting  given. — Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402  ;  Johns- 
ton v.  Mitchell,  120  /  589.  Use  by  a  school  board,  in  calling  a  special  meet- 
ing, of  a  blank  form  of  notice  prepared  by  a  lawyer  at  the  request  of  one 
who  was  not  a  member  of  the  board,  is  insufficient  to  show  a  ratification  on 
its  part  of  a  promise  by  such  third  person  that  the  board  would  pay  a 
specified  sum  for  the  legal  services  rendered. — Leonardson  v.  School  District 
No.  3  of  Troy  Township,  125  /  209. 

(42)  §  4661.     SEC.  16.     All  notices  of  annual  or  special  Notices  of 
district  meetings,  after  the   first  meeting  has  been  held  as 
aforesaid,  shall  specify  the  day  and  hour  and  place  of  meet- 
ing, and  shall  be  given  at  least  six  days  previous  to  such 
meeting,  by  posting  up  copies  thereof  in  three  of  the  most 
public  places  in  the  district,  one  copy  of  which  for  each  meet- 
ing shall  be  posted  at  the  outer  door  of  the  district  school- 
house,  if  there  be  one;  and  in  case  of  any  special  meeting 
called  for  the  purpose  of  establishing  or  changing  the  site 

of  a  schoolhouse,  such  notice  shall  be  given  at  least  ten  days 
previous  thereto :     Provided,  That  when  any  of  the  district  Proviso, 
board  shall  receive  a  request  to  call  a  special  meeting,  as  trict  officer" 
provided  in  the  preceding  section,  he  shall    forthwith    give  to  glve* 
notice,  as  above  provided,  of  said  meeting,  which  shall  be 
called  in  not  less  than  six  nor  more  than  twelve  days  from 
the  time  the  said  .officer  shall  receive  the  notice  aforesaid. 
No  annual  meeting  shall  be  deemed  illegal  for  want  of  due  when  annual 
notice,  unless  it  shall  appear  that  the  omission  to  give  such  mega^for0 
notice  was  wilful  and  fraudulent. 

Schafer  v.  Sch.  Dist.  No.  1  of  Baraga,  116  /  206 ;  Johnston  v.  Mitchell, 
120  /  589. 

(43)  §  4662.     SEC.  17.     In  all  school  elections  including  who 
school  elections  held  in  districts  organized  and  governed  in  ?otersed 
whole  or  in  part  by  a  local  act  or  acts,  any  provisions  in  such 

local  act  or  acts  to  the  contrary  notwithstanding,  every  citi- 
zen of  the  United  States  of  the  age  of  twenty-one  years, 
male  or  female,  who  owns  property  which  is  assessed  for 
school  taxes  in  the  district,  or  who  is  the  parent  or  legal 
guardian  of  any  child  of  school  age  included  in  the  school 
census  of  said  district,  and  who  has  resided  in  said  district 
three  months  next  preceding  such  election,  shall  be  a  quali- 
fied voter.  On  the  question  of  voting  school  taxes,  every  ScDooi  taxes. 
citizen  of  the  United  States  of  the  age  of  twenty-one  years, 
male  or  female,  who  owns  property  which  is  assessed  for 
school  taxes  in  the  district,  and  who  has  resided  in  the  dis- 


22  STATE    OF    MICHIGAN. 


Proviso,  land  trict  as  above  stated,  shall  be  a  qualified  voter :  Provided, 
husband'  That  the  purchaser  of  land  upon  a  land  contract,  who 
actually  pays  the  taxes  upon  such  land  and  resides  thereon, 
may  vote  upon  all  questions;  and  where  a  husband  and  wife 
own  property  jointly  and  same  is  assessed  for  school  taxes 
in  the  school  district,  each  may,  if  otherwise  qualified,  vote 
upon  all  questions  including  the  question  of  raising  money: 
Proviso,  act  Provided,  however,  That  this  act  shall  not  be  applicable  in 
e-  any  city  having  a  population  of  two  hundred  fifty  thousand 
or  over  which  comprises  a  single  school  district,  but  in  such 
city  all  male  electors  who  shall  possess  the  qualifications 
specified  in  section  one,  article  three  of  the  constitution  of 
this  state,  and  all  females,  who,  if  they  were  males,  would 
be  qualified  electors,  shall  be  qualified  voters  in  all  school 
elections  in  such  city,  and  on  questions  of  voting  school  taxes 
therein,  and  such  electors,  male  and  female,  shall  be  registered 
in  the  manner  provided  by  law  for  the  registration  of  male  elec- 
tors in  any  such  city,  and  all  such  female  electors  shall  be  reg- 
istered in  a  separate  register,  and  in  making  the  returns  of 
such  elections  a  separate  return  shall  be  made  of  the  votes 
cast  by  women,  but  the  aggregate  vote  returned  shall  in- 
clude the  votes  of  all  women  electors,  it  being  the  intent 
of  this  act  that  the  qualifications  of  electors  qualified  to  vote 
for  school  inspectors  therein  shall  be  governed  by  the  pro- 
visions of  law  as  they  existed  prior  to  the  passage  of  act  one 
hundred  forty-six  of  the  public  acts  of  nineteen  hundred 
thirteen. 

Am.   1909,   Act  83;   1913,   Act  146;   1915,   Act  300. 

QUALIFIED  VOTER :  See  Coffin  v.  Election  Com'rs.  97  / 189 ;  Belles  v. 
Burr,  76  /  1 ;  Mudge  v.  Stebbins,  59  /  165  ;  Menton  v.  Cook,  147  /  540.  See 
constitution  of  1909,  Art.  Ill,  section  4. 

challenging  (44)  §  4663.  SEC.  18.  If  any  person  offering  to  vote  at 
a  school  district  meeting  shall  be  challenged  as  unqualified  by 
any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  declare  to  the  person  challenged  the  quali- 
fications of  a  voter;  and  if  such  person  shall  state  that  he  is 
qualified,  and  the  challenge  shall  not  be  withdrawn,  the  chair- 

Oath  tendered  man  shall  tender  to  him  an  oath,  in  substance  as  follows : 

to  Challenged     «Y(m    ^Q    gweaf    ^    affipmj    that    you    are     &     citjzen     Qf     the 

United  States,  that  you  have  been  for  the  last  three  months 
an  actual  resident  of  this  school  district,  or  residing  upon 
territory  now  attached  to  this  school  district,  and  that  you 
pay  a  school  district  tax  therein;"  and  every  person  taking 
this  oath  shall  be  permitted  to  vote  upon  all  questions  pro- 
posed at  such  meetings.  Or  he  may  take  the  following  oath, 
to  wit:  "You  do  swear  (or  affirm)  that  you  are  a  citizen  of 
the  United  States,  that  you  have  been  for  the  last  throe 
months  an  actual  resident  of  this  school  district,  or  residing 
upon  property  now  attached  to  this  school  district,  and  that 
you  are  the  parent  or  legal  guardian  of  one  or  more  children 


GENERAL  SCHOOL  LAWS.  23 

now  included  in  the  school  census  of  the  district;"  and  he 
may  vote  upon  all  questions  which  do  not  directly  involve  the 
raising  of  money  by  tax.    If  any  person  so  challenged  shall  J^e^ath 
refuse  to  take    such  oath,    his    vote    shall  be  rejected ;  and  perjury. 
any  person  who   shall  wilfully  take  a   false  oath,  or  make 
a  false  affirmation,  under  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  perjury.    When  any  question  is  taken  w  - 
any  other  way  than  by  ballot,  a  challenge  immediately  after 
the  vote  has  been  taken  shall  be  deemed  to  be  made  when 
offering  the  vote,  and  treated  in  the  same  manner. 

Belles  v.  Burr,  76  /  6  ;  Menton  v.  Cook,  147  /  542. 

(45)  §  4664.     SEC.  19.     If  at  any    district    meeting    any  Disorderly 
person   shall    conduct  himself  in   a   disorderly  manner,   and,  SfsSct  a 
after  notice  from  the  moderator   or  person  presiding,   shall  meetinss- 
persist  therein,  the  moderator  or  person  presiding  may  order 

him  to  withdraw  from  the  meeting,  and  on  his  refusal,  may 
order  any  constable,  or  other  person  or  persons,  to  take  him 
into  custody  until  the  meeting  shall  be  adjourned ;  and  any  Penalty  for 
person  who  shall  refuse  to  withdraw  from  such  meeting  on  meeting^ 
being  so  ordered  as  herein  provided,  and  also  any  person  who 
shall  wilfully  disturb  such  meeting  by  rude  and  indecent 
behavior,  or  by  profane  or  indecent  discourse,  or  in  any  other 
way  make  such  disturbance,  shall,  on  conviction  thereof,  be 
punished  by  a  fine  not  less  than  two  nor  more  than  fifty  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days;  and  any  justice  of  the  peace,  recorder,  or  police  who  shall 

,.'  ,".  J  ..  J  in  have  junsdic- 

justice  of  the  township,  ward,  or  city  where  such  offense  shall  tion  in  trial, 
be  committed,  shall  have  jurisdiction  to  try  and  determine  the 
same. 

(46)  §  4665.     SEC.  20.     The  qualified  voters  of  any  school  Annual 
district   when   lawfully  assembled   at  the   first  and   at  each  p^wl^of 
annual   meeting  or  at  an  adjournment    thereof,    or    at    any  voters- etc- 
special  meeting  lawfully  called,    except    as    hereinafter    pro- 
vided, shall  have  power: 

First,  At  the  first  meeting  and  at  any  meeting  after  the  Chairman, 
organization  of  the  district,  in  the  absence  of  the  moderator, 
to  appoint  a.  chairman  for  the  time  being  and,  in  the  absence 
of  the  director,  to  appoint  some  person  to  act  in  his  stead, 
who  shall  keep  a  minute  of  the  proceedings  of  such  meeting 
and  certify  same  to  the  director,  to  be  by  him  entered  in 
the  records  of  the  district; 

Second,    To  adjourn  from  time  to  time  as  occasion  may  re-  Adjournment. 
quire; 

Third,    To  elect  district  officers  as  herein  provided,  and  to  officers, 
determine  at  what  hour  the  annual  meeting  shall  be  held; 

Fourth,   To  designate  as  hereinafter  provided  a  site  or  such  sites. 
number  of  sites  as  may  be  desired  for  school  houses,  and  to 
change  same  when  necessary; 


24 


STATE    OF    MICHIGAN. 


Purchase,   etc. 


Tax,  limit  of. 


Building 
fund. 

Proviso. 


Other 
purposes. 


School  house, 
etc.,  sale  of. 


Suits. 


Building 
committee. 


School  terms. 


Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites 
lawfully  determined  upon ;  the  building,  hiring  or  purchasing 
of  a  school  house  or  houses,  or  the  enlarging  of  a  site  or  sites 
previously  established ; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  pur- 
chase a  school  house  or  houses;  but  the  amount  of  taxes  to 
be  raised  in  any  district  for  the  purpose  of  purchasing  or 
building  or  altering  a  school  house  or  houses  in  the  same  year 
that  any  bonded  indebtedness  is  incurred  shall  not  exceed 
two  hundred  fifty  dollars  in  districts  containing  less  than 
ten  children  between  the  ages  of  five  and  twenty  years;  in 
districts  having  between  ten  and  thirty  children  of  like  age 
it  shall  not  exceed  five  hundred  dollars;  and  in  districts 
having  between  thirty  and  fifty  children  of  like  age  it  shall 
not  exceed  one  thousand  dollars;  the  foregoing  tax  when 
levied  and  collected,  together  with  all  funds  derived  from 
bonding  for  the  same  purposes,  when  received  by  the  treas- 
urer, shall  be  accounted  for  under  the  title  of  "building 
fund:"  Provided,  That  the  money  belonging  to  the  building 
fund  shall  be  used  for  no  other  purpose  than  that  for  which 
it  was  raised  without  a  consenting  vote  of  two-thirds  of  the 
taxpaying  voters  of  the  district  present  and  voting  at  said 
election ; 

Seventh,  To  determine  the  amount  of  money  to  be  raised 
by  tax  for  all  school  purposes,  except  as  otherwise  provided 
by  law;  the  tax  herein  provided  for,  together  with  the  one- 
mill  tax,  when  collected  and  received  by  the  treasurer  shall 
be  accounted  for  under  the  title  of  "General  fund;" 

Eighth,  To  authorize  and  direct  the  sale  of  any  school 
house,  site,  building  or  other  property  belonging  to  the  dis- 
trict, when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions 
as  they  shall  deem  necessary  in  relation  to  the  prosecution 
or  defense  of  any  suit  or  proceeding  in  which  the  district 
may  be  a  party  or  interested; 

Tenth,  To  appoint  as  in  their  discretion  it  may  be  neces- 
sary a  building  committee  to  perform  such  duties  in  super- 
vising the  work  of  building  a  school  house  as  they  may  by 
vote  direct; 

Eleventh,  At  the  first  and  annual  meeting  only  to  deter- 
mine the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  all  districts  having  four  hundred  or  more 
children  of  school  age,  and  in  all  districts  having  over  thirty 
children  and  less  than  four  hundred  children,  not  less  than 
eight  months,  and  not  less  than  five  months  in  all  other  dis- 
tricts on  the  pain  of  forfeiture  of  their  share  of  the  primary 
school  interest  fund ;  but  in  case  the  people  do  not  deter- 


GENERAL  SCHOOL  LAWS.  25 

mine  the  length  of  the  school  year,  then  the  district  board 
shall  determine  same,  and  in  case  the  board  or  the  district 
fix  the  length  of  the  school  year,  and  later  in  the  year  it  is 
found  desirable  to  increase  the  length  of  said  school  year, 
such  action  may  be  taken  at  a  properly  called  special  school 
meeting,  or  the  board  may  take  such  action  on  petition  of  a 
majority  of  the  resident  qualified  voters:  Provided,  Thai  Proviso, 
each  school  district  may  at  an  annual  or  special  meeting  vote 
to  discontinue  school  in  the  district  for  the  ensuing  year  and 
determine  that  the  children  resident  therein  shall  be  sent  to 
another  school  or  schools,  and  when  such  action  has  been 
taken  the  school  board  shall  have  authority  to  use  any  funds, 
except  library  funds,  in  the  hands  of  the  treasurer  to  pay 
the  tuition  and  transportation  of  all  such  children,  and  if 
necessary  vote  a  tax  for  such  purpose. 

Am.  1903,  Act  10 ;  1907,  Act  91  ;  1909,  Act  83 ;  1911,  Act  57 ;  1913,  Act 
230. 

Moiles  v.  Watson,  60  /  415  ;  Detroit  Board  of  Education  v.  Moross,  151  /  625. 

FOURTH  :     See  section  102  as  to  designation  of  school  sites. 

FIFTH :  A  school  district,  contracting  for  the  building  of  a  schoolhouse 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within  such 
reasonable  time  that  the  contractors  shall  not  be  delayed  on  their  part. — Todd 
v.  Sch.  Dist.,  40  /  294.  Sureties  upon  a  bond  for  the  performance  of  a  con- 
tract are  released  by  an  assignment  of  the  contract  and  the  grant  of  an  ex- 
tension of  time  to  the  contractors. — Id.  See  Act  17  of  1915,  sections  443-445. 

SIXTH :  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims  even  though  they  are  not  strictly  legal  demands 
against  it. — Stockdale  v.  School  Dist.,  47/226.  The  provision  that  no  land 
shall  be  taxed  for  the  building  of  schoolhouses,  unless  some  portion  thereof 
shall  be  within  2%  miles  of  the  schoolhouse  site,  does  not  apply  to  a  graded 
school  district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98/437. 

SEVENTH  :  Publishing  House  v.  Sch.  Dist.,  94  /  265.  The  word  "append- 
age" does  not  mean  simply  the  apparatus  to  be  used  inside  of  the  building, 
nor  is  it  limited  to  brooms,  pails,  cups,  etc.,  but  must  be  construed  to  in- 
clude fuel,  fences  and  necessary  out-houses. — Creager  v.  Sch.  Dist.,  62  / 108. 
A  director  has  authority,  in  the  exercise  of  a  sound  discretion,  to  buy  new 
seats  for  a  schoolhouse  under  a  resolution  "to  fit  up  the  schoolhouse  for  the 
winter  term." — McLaren  v.  Akron  Town  Board,  48  /  190.  Equitable  claims. — 
See  notes  to  subdivision  sixth.  Certain  charts,  etc.,  held  not  to  be  necessary 
appendages,  such  as  the  director  is  required  to  furnish. — Gibson  v.  Sch.  Dist., 
36  /  404  ;  Publishing  House  v.  School  Dist.,  94  /  265.  A  school  district  has 
no  power  to  levy  a  tax  except  for  the  purposes  specified  by  statute. — Hinman 
v.  Sch.  Dist.,  4  /  168.  See  section  67,  subdivision  6. 

ELEVENTH:  Tappan  v.  Sch.  Dist.,  44/500.  The  district  board  has 
power  to  contract  with  a  qualified  teacher  for  such  term  during  "the  en- 
suing year  as  shall  be  determined  by  the  qualified  voters  of  the  district  at 
the  annual  school  meeting. — Cleveland  v.  Amy,  88  /  374  ;  Moiles  v.  Watson, 
60  /  417.  In  exercising  the  discretion  vested  in  the  voters  of  a  school  district 
to  discontinue  school  for  a  year,  the  school  board  are  bound  to  furnish  trans- 
portation and  may  determine  the  amount  to  be  paid.  The  performance  of  such 
duty  may  be  enforced  by  mandamus. — Dennis  v.  Wrigley,  175  /  621.  Where 
voters  of  a  district  have  voted  to  discontinue  school  and  send  the  children  to 
an  adjoining  district,  at  an  annual  or  special  meeting  cannot  rescind  the  action 
at  a  subsequent  meeting  and  reopen  the  school  for  the  ensuing  period. — Meek 
v.  Carpenter,  178/547. 

MISCELLANEOUS:  Gibson  v.  Sch.  Dist.,  36/404.  Where  a  board  of 
education  erects  a  school  building  in  such  manner  that  ice  and  snow  must 
inevitably  slide  from  the  roof  into  plaintiff's  premises,  there  being  no  suffi- 
cient barrier  to  prevent,  and  fails,  after  notice,  to  remedy  the  defect,  it  may 
be  held  liable  to  him  for  injuries  sustained  in  falling  upon  ice  so  precipi- 
tated, the  trespass  being  the  proximate  cause  of  the  injury. — Ferris  v.  Board 
of  Education  of  Detroit,  122  /  315.  The  neglect  or  refusal  of  the  electors 
of  a  township  to  vote  the  amounts  necessary  to  be  raised  for  township  and 
school  purposes  is  sufficiently  shown,  within  the  statutes  authorizing  the 
township  board  and  the  board  of  education,  respectively,  to  vote  the  same 
in  such  case,  by  a  recital  in  the  resolutions  of  the  several  boards  voting  such 
taxes,  that  the  attention  of  the  electors  present  at  the  annual  meeting  was 
called  to  the  matter  of  voting  upon  such  questions,  and  that  they  failed, 
neglected,  and  refused  to  vote  such  sums  as  were  necessary. — Weston  Lum- 
ber Co.  v.  Township  of  Munising,  123  / 138.  Where  the  legislature  divides 
a  district  and  provides  for  a  distribution  of  property,  the  new  district  is  not 
entitled  to  share  in  primary  school  interest  fund  at  the  following  apportion- 
ment, though  based  upon  reports  of  previous  year.  A  district  which  does 
not  maintain  school  for  at  least  three  months  (now  five  months)  is  not 
entitled  to  share  in  apportionment  of  primary  school  interest  fund. — Decker- 


STATE    OF    MICHIGAN. 


ville  School  District  v.  District  No.  3  of  Marion,  131  /  272.  A  school  dis- 
trict which  had  provided  by  resolution  for  the  seating  of  a  schoolhouse  is 
estopped  to  question  the  validity  of  a  contract  signed  by  the  director  only, 
where  other  officers  paid  the  freight  bills  and  the  seats  had  been  in  use  fifteen 
months. — Jones  v.  Sch.  Dist.  No.  3  of  losco,  110  /  3G3.  District  board 
bought  furniture.  At  following  annual  meeting  voters  made  no  objection. 
Held  a  ratification  of  the  contract  though  act  of  board  was  not  authorized. 
— Haney  Sch.  Fur.  Co.  v.  Sch.  District  No.  1  Crystal  Lake  Twp.,  133/  241. 
School  district  cannot  appropriate  surplus  one  mill  tax  to  general  purpose 
before  end  of  year. — Bonhagel  v.  Sch.  Bd.  of  Dist.  No.  1,  Bronson  &  Bethel 
Twps.,  134  /  455. 


Election  of 

district 

officers. 


Term  of 
office. 


CHAPTER  III. 

DISTRICT   BOARD   AND   OFFICERS. 

(47)  §  4666.  SECTION  1.  At  the  first  meeting  in  each 
school  district  there  shall  be  elected  by  ballot  a  moderator 
for  the  term  of  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  on  the  expiration  of  their  re- 
spective terms  of  office,  and  regularly  thereafter  at  the  an- 
nual meetings,  their  several  successors  shall  be  elected  in 
like  manner  for  a  term  of  three  years  each.  The  time  inter- 
vening between  the  first  meeting  in  any  school  district  and 
the  first  annual  meeting  thereafter  shall  be  reckoned  as  one 
year. 

NOTE. — Act  165,  P.  A.  1901,  changes  the  word  assessor  to  treasurer.  See 
section  52. 

OFFICERS  :  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor, director  and  assessor.  These  officers  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have. 
therefore,  neither  common  law  power,  nor  rights,  but  are  strictly  confined  to 
such  as  are  conferred  upon  them  by  statute ;  and  as  no  compensation  for 
their  official  services  has  been  provided  [as  the  law  stood  prior  to  1859]  or 
in  any  manner  authorized  by  statute,  none  can  be  „  legally  claimed  or  re- 
covered.— Hiriman  v.  Sch.  Dist.,  4  /  168.  The  provisions  relative  to  the  elec- 
tion of  school  district  officers  by  ballot  are  mandatory  ;  but  where  they  were 
unanimously  chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  si  ml 
acted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 
missed.— People  v.  Gartland,  75  /  143.  Parol  evidence  is  admissible  to  show 
who  are  the  district  officers. — Crane  v.  Sch.  Dist.,  61  /  290. 

BALLOT  :  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  is  an  election,  and  cannot  be  repeated.  There  can  be  no  "in- 
formal" ballot. — People  v.  Stone,  78  /  635  ;  Sch.  Dist.  v.  Root,  61  /  373. 

when  school         (48)      §  4667.     SEC.  2.     A  school  district  office  shall   be- 

district  office 

deemed  come  vacant  immediately  upon  any  of  the  following  events: 

First,  The  death  of  the  incumbent; 

Second,    His  resignation; 

Third,    His  removal  from  office; 

Fourth,    His  removal  from  the  district; 

Fifth,    His  conviction  of  any  infamous  crime ; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

j.    Seventh,    His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law; 

Eighth,    His  ceasing  to  be  a  taxpaj'er  in  the  school  dis 
trict ; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting,  at 
the  expiration  of  which  period  the  board  of  school  inspectors 
shall  appoint  such  successor. 

Am.   1903,  Act  21  ;   1907,   Act  91. 


GENERAL  SCHOOL  LAWS.  27 


(49)  §   4668.     SEC.   3.     In  case  any  one  of  the  district  vacancies, 
offices  becomes  vacant,  the  two  remaining  officers  shall  imme-  how  fil 

d  lately  fill  such  vacancy;  or  in  case  two  of  the  offices  become 
vacant,  the  remaining  officer  shall  immediately  call  a  special 
meeting  of  the  district  to  fill  such  vacancies;  in  case  any  va- 
cancy is  not  filled   as  herein  provided  within   twenty  days... 
after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a  dis- 
trict shall  become  vacant,  the  township  board  of  the  town- 
ship to  which  the  annual  reports  of  such  district  are  made 
shall  fill  such  vacancies.    Any  person  elected  or  appointed  Term  of 
to  fill  a  vacancy  in  a  district  office  shall  hold  such  office  until  ol 
the  next  succeeding  annual  meeting,  at  which  time  the  voters 
of  the  district  shall  fill  such  office  for  the  unexpired  portion 
of  the  term. 

Am.   1909,   Act   83. 

Johnston  v.  Mitchell,  120  /  589. 

(50)  §  4669.     SEC.  4.   Any  qualified  voter  in  a  school  dis-  officers,  who 
trict  whose  name  appears  on  the  assessment  roll  and  who  is  e 

the  owner  in  his  own  right  of  the  property  so  assessed,  shall 
be  eligible  to  election  or  appointment  to  office  in  such  school 
district  :  Provided,  That  where  a  husband  and  wife  own  Proviso, 


property  jointly,  regardless  of  the  name  which  appears  on  wan   and 

the   assessment   roll,    if  otherwise   qualified,    each    shall    be 

eligible  to  election  or  appointment  to  school  office.     It  shall  Publisher's 

be  illegal   for  any  member  of  the  district  board  to  act  as  aj 

agent  for  any  author,  publisher  or  seller  of  school  books  or 

school  apparatus,  or  to  receive  any  gift  or  reward  for  his 

influence  in  recommending  the  purchase  or  use  of  any  school 

book   or   apparatus   in   the   state  of  Michigan.     It  shall   be 

illegal  for  any  member  of  the  district  board  to  perform  any 

labor,  except  as  provided  in  this  act,  or  furnish  any  material 

or  supplies  for  the  school  district  in  which  he  is  an  officer, 

and  he  shall  not  be  personally  interested  in  any  way  what- 

ever directly  or  indirectly  in  any  contract  with  the  district 

in  which  he  holds  office.     Any  act  herein  prohibited,  if  per-  Penalty. 

formed  by  any  such  school  officer,  shall  be  deemed  a.  misde- 

meanor, and  he  shall   be  liable  to  the  punishment  provided 

for  such  offense  in  accordance  with  the  statute  in  such  case 

made  and  provided. 

Am.  1899,  Act  184  ;  1909,  Act  83  ;  1911,  Act  57. 

(51)     §  4670.     SEC.  5.    Within  ten  days  after  their  election  Acceptance 
or  appointment,  the  several   officers  of  each    school  district  of  oftice' 
shall  file  with  the  director  written  acceptances  of  the  office 
to  which  they  have  been   respectively  elected  or  appointed, 
accompanied   by   an   affidavit,   properly    acknowledged,    that 
they   are  qualified  voters,   that   their  name  appears   on   the 
assessment  roll,  and  that  they  are  the  owners  in  their  own 
right  of  the  property  so  assessed,  and  such  acceptances  and" 
affidavits  shall  be  entered  in  the  records  of  the  district  by 


28 


STATE    OF    MICHIGAN. 


Affidavit, 
by  whom 
executed. 


said  director.  The  affidavit  herein  required  may  be  executed 
before  any  officer  authorized  under  the  laws  of  the  state  to 
take  acknowledgments  or  before  the  senior  officer  of  the  dis- 
trict board  in  that  particular  district. 

Am.  1903,  Act  21 ;  1913,  Act  229. 


of,  may  be 
called. 


Quorum 
of  board. 


Board  to 
purchase 
record 
books,  etc. 


(52)  §  4671.    SEC.  6.    The  moderator,  director,  and  treas- 
urer  shall    constitute  the  district  board.     Meetings   of  the 
board  may  be  called  by  any  member  thereof  by  serving  on  the 
other  members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is 
to  take  place;  and  no  act  authorized  to  be  done  by  the  dis- 
trict board  shall  be  valid  unless  voted  at  a  meeting  of  the 
board.   A  majority  of  the  members  of  the  board  at  a  meeting 
thereof  shall  be  necessary  for  the  transaction  of  business. 

Am.  1901,  Act  165. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board. — 
Hazen  v.  Lerche,  47  /  626.  A  school  teacher  can  be  employed  only  by  the 
action  of  a  district  board  at  a  meeting  of  the  board.  Parol  evidence  is  not 
admissible  to  show  that  the  record  of  the  meeting  made  by  the  director  is 
not  true.— Cowley  v.  Sch.  Dist.  No.  3,  Harrisville,  130  /  634. 

(53)  §  4672.     SEC.  7.    The  said  district  board  shall  pur- 
chase a  record  book  and  such  other  books,  blanks  and  sta- 
tionery as  may  be  necessary  to  keep  a  record  of  the  proceed- 
ings  of  the   district  meetings   and   of  the   meetings  of  the 
board,  the  accounts  of  the  treasurer,  and  for  doing  the  busi- 
ness of  the  district  in  an  orderly  manner. 

Am.  1903,  Act  49. 

Officers  having  charge  of  school  records  are  required  to  furnish  proper 
facilities  for  the  examination  or  copying  of  the  same.  See  Act  No.  76,  P.  A. 
1903. 

See  School  Dist.  v.  Snell,  24  /  353. 


Board  to 
purchase,  etc. 
site,  and 
build,  etc., 
schoolhouse. 


Necessity  of 
title  or  lease 
to  site  before 
building 
schoolhouse. 


(54)  §  4673.  SEC.  8.  The  district  board  shall  purchase 
or  lease,  in  the  corporate  name  of  the  district,  such  sites  for 
schoolhouses  as  shall  have  been  lawfully  designated,  and 
shall  build,  hire,  or  purchase  such  schoolhouses  as  may  be 
necessary  out  of  the  fund  provided  for  that  purpose,  and 
make  sale  of  any  site  or  other  property  of  the  district  when 
lawfully  directed  by  the  qualified  voters;  but  no  district  in 
any,  case  shall  build  a  stone  or  brick  schoolhouse  upon  any 
site  without  having  first  obtained  a  title  in  fee  to  the  same, 
or  a  lease  for  ninety -nine  years;  nor  shall  any  district  build 
a  frame  schoolhouse  on  any  site  for  which  they  have  not  a 
title  in  fee  or  a  lease  for  fifty  years,  without  securing  the 
privilege  of  removing  the  said  schoolhouse  when  lawfully 
directed  so  to  do  by  the  qualified  voters  of  the  district  at  any 
annual  or  special  meeting,  when  lawfully  convened. 

TITLE  IN  FEE  :  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law. — Sch.  Dist.  v.  Everett,  52  /  314. 


GENERAL  SCHOOL  LAWS.  29 

LEASES :  Schoolhouse  on  leased  land  belongs  to  district  and  may  be  re- 
moved within  reasonable  period. — Hayward  v.  Sen.  Dist.,  139  /  539.  Without 
due  notice  of  proposed  action  at  a"h  annual  meeting,  the  school  board  could  not 
change  a  site  and  place  a  schoolhouse  on  property  which  had  not  been  leased 
or  conveyed  to  the  board. — Calkins  v.  Rice,  170/234. 

(55)  §   4674.     SEC.   9.     The    district    board    shall    have 
authority  to  vote  such  taxes  as  may  be  necessary  for  the 
regular  running  expenses  of  the  school,  which  shall  include'" 
school  furnishings  and  all  appurtenances,  the  care  of  school 
property,   teachers'  wages,  water  supply,  premium  upon  in- 
demnity bond  for  the  treasurer  of  the  district,  transportation 

of  the  pupils,  record  books  and  blanks,  and  all  apparatus 
and  material  which  may  be  necessary  in  order  that  the 
schools  may  be  properly  managed  and  maintained,  and  for 
deficiencies  in  such  funds  for  the  preceding  year,  if  any,  and 
for  the  services  of  district  officers.  All  such  taxes  when  col-  Accounting. 
lected  and  received  shall  be  accounted  for  under  the  title  of 
"general  fund;'7  all  primary  money  shall  be  accounted  for 
under  the  title  of  "primary  fund :"  Provided,  That  the  tax  Proviso. 
for  the  services  of  district  officers 'herein  provided  for  in  dis- 
tricts having  less  than  fifty  children  shall  not  exceed  twenty- 
five  dollars,  and  in  districts  having  between  fifty  and  one 
hundred  children  the  tax  shall  not  exceed  fifty  dollars,  the 
amounts  to  be  allowed  for  such  services  to  be  determined  by 
the  electors  at  the  annual  meeting.  When  the  taxes  herein  Assessment, 
provided  for  have  been  estimated  and  voted  by  the  district  etc- 
board,  they  shall  be  reported 'for  assessment  and  collection 
the  same  as  other  district  taxes.  When  any  tax  has  been 
estimated  and  voted  by  the  district  board  or"  by  the  district 
under  the  provisions  of  law,  and  the  money  is  needed  before 
it  can  be  collected,  the  district  board  may  borrow  on  the 
strength  of  such  tax  a  sum  not  exceeding  the  total  of  such 
tax. 

Am.  1907,  Act  91 ;  1909,  Act  83  ;  1911,  Act  57 ;  1913,  Act  402. 

(56)  §  4675.     SEC.  10.     The  district  board,  or  board  of  School  board, 
education,  shall,  between  the  second  Monday  in  July  and  the  port  taxes 
first  Monday  in  August  in  each  year,  make  out  and  deliver  votJBd- 

to  the  township  clerk  of  each  township  in  which,  any  part  of 
the  district  is  situated,  a  report  in  writing  under  their  hands 
of  all  taxes  voted  by  the  district  during  the  preceding  year, 
and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

Am.  1905,  Act  36. 

(57)  §   4676.     SEC.   11.     The  district  board   shall  apply  school  money, 
and  pay  over  all  school  moneys  belonging  to  the  district  in  accountins  c 
accordance  with  the  provisions  of  the  law  regulating  same, 

and  no  moneys  received  from  the  primary  school  fund  shall 
be  appropriated  to  any  other  use  than  the  payment  of  teach- 
ers' wages,  tuition  and  transportation  of  children  as  pro- 


30 


STATE    OF    MICHIGAN. 


vided  by  law,  and  no  part  thereof  shall  be  paid  to  any  teacher 
who  shall  not  have  received  a  certificate  of  qualification  from 
proper  legal  authority  before  the  commencement  of  his 
school.  No  school  district  shall  apply  any  of  the  moneys  re- 
ceived by  it  from  the  primary  school  interest  fund  or  from 
any  and  all  other  sources  for  the  support  and  maintenance 
of  any  school  of  a  sectarian  character,  whether  the  same  be 
under  the  control  of  any  religious  society  or  made  sectarian 
bv  the  school  district  board. 


Sectarian 
schools. 


Board  to 
make   annual 
reports. 


Contents  of. 


Board 
to  hire 
teachers. 

Contracts. 

School  register 
to  be  kept. 


Record  of 
attendance. 


Contract  to 
be  filed. 

Teacher  must 
have  legal 
certificate. 


School  month 
defined. 


Am.    1911,    Act   57. 

Proof  of  qualification. — Sch.  Dist.  v.  Cook,  47/112. 

(58)  §  4677.     SEC.  12.     Said  board  shall  present  to  the 
district,  at  each  annual  meeting,  a  report  in  writing,  contain- 
ing an  accurate  statement  of  all  moneys  of  the  district  re- 
ceived by  them,  or  any  of  them,  during  the  preceding  year, 
and  of  the  disbursements  made  by  them,  with  the  items  of 
such  receipts  and  disbursements.    Such  report  shall  also  con- 
tain a  statement  of  all  taxes  assessed  upon  the  taxable  prop- 
erty of  the  district  during  the  preceding  year,  the  purposes 
for  which  such  taxes  were  assessed,  and  the  amount  assessed 
for  each  particular  purpose,  and  said  report  shall  be  entered 
by  the  director  in  the  records  of  the  district. 

(59)  §  4678.     SEC.  13.     The  district  board  shall  hire  and 
contract   with   such   duly   qualified   teachers    as   may   be   re- 
quired ;  and  all  contracts  shall  be  in  writing  and  signed  by  a 
majority  of  the  board  in  behalf  of  the  district.     Said  con- 
tracts shall  specify  the  wages  agreed  upon  and  shall  require 
the  teacher  to  keep  a  correct  list  of  the  pupils,  grading  and 
the  age  of  each,  attending  the  school,  and  the  number  of  days 
each  pupil  is  present,  the  aggregate  attendance,  average  daily 
attendance  and  percentage  of  attendance,  and  to  furnish  the 
director  with  a  correct   copy  of  the   same  at  the   close    of 
school.     Said  contract  shall  be  filed  with  the  director  and  a 
duplicate  copy  of  the  contract    shall    be    furnished    to    the 
teacher.     No  contract  with  any  person  not  holding  a  legal 
certificate  of  qualification  then  authorizing  such   person  to 
teach  shall  be  valid,  and  all  such  contracts  shall  terminate 
if  the  certificate  shall  expire  by  limitation  and  shall  not  im- 
mediately be  renewed,  or  if  it  shall  be  suspended  or  revoked 
by  proper  legal  authority.    A  school  month  within  the  mean- 
ing of  the  school  laws  shall  consist  of  four  weeks  of  five  days 
in  each  week,  unless  otherwise  specified  in  the  teacher's  con- 
tract. 

Am.  1901,  Acts  62  and  146. 

HIRE  AND  CONTRACT  :  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract. — Wall  v.  Eastman,  1  /  270.  A  teacher  can  be 
lawfully  employed  only  by  convening  the  board. — Hazen  v.  Lerche,  47  /  626. 
Contracts  may  be  made  before  beginning  of  the  school  year. — Sch.  Dist. 
v.  Cook,  47  / 112  ;  Tappan  v.  Sch.  Dist.,  44  /  500 ;  Cleveland  v.  Amy.  88  / 
376;  Farrell  v.  Sch.  Dist.,  98/45.  The  power  to  employ  teachers  conferred 
upon  district  boards  of  primary  schools  by  this  section  is  co-extensive  with 
that  conferred  upon  the  boards  of  trustees  of  graded  schools  by  section  122. 
— Id.  376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the 
moderator  wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such 


GENERAL  SCHOOL  LAWS.  31 

approval  and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  con- 
tract.— Everett  v.  Sch.  Dist,  30/249.  When  the  contract  is  signed  by  a 
majority  of  the  board  only. — Crane  v.  Sch.  District.,  61  /  299.  Simultaneous 
signing  is  not  necessary. — Holloway  v.  Sch.  Dist.,  62  /  155  ;  Everett  v.  Sch. 
Dist.,  30/249.  It  is  the  business  of  school  districts  to  keep  up  public 
schools,  and  it  is  the  duty  of  the  officers  to  provide  teachers  and  to  make 
contracts  with  them.  It  is  their  duty  to  know  under  what  conditions  a 
teacher,  whom  they  know  to  be  teaching,  claims  to  act. — Holloway  v.  Sch. 
Dist..  62  /  155.  A  teacher  has  a  right  to  suppose  his  contract  to  be  a  valid 
one  when  it  is  signed  by  a  sufficient  number  of  officers  and  he  is,  with  the 
personal  knowledge  of  the  whole  board,  permitted  and  encouraged  to  go  on. 
— Id.  150.  A  contract  valid  on  its  face,  actually  carried  out  in  full  with— 
the  acquiescence  of  all  concerned,  cannot  be  subsequently  repudiated. — Id. 
The  provision  that  the  contract  shall  require  the  teacher  to  keep  a  list  of 
the  pupils,  etc.,  is  merely  directory.  Its  omission  will  not  invalidate  the- 
contract.— Everett  v.  Sch.  Dist..  30/249.  A  district  school  board  cannot 
discharge  a  teacher  for  incompetency,  in  the  absence  of  a  provision  to  that 
effect  in  the  contract. — Carver  v.  Sch.  Dist.,  113/524.  Where  a  contract 
has  been  terminated  by  the  board,  mandamus  will  not  lie  to  review  the 
board's  action  and  compel  payment  of  salary  claimed  under  the  contract. — 
Coffin  v.  Detroit  Bd.  of  Ed.,  114  /  342  ;  Langston  v.  Sch.  Dist.  No.  3  of 
Sm-ingwells.  121  /  654.  A  resolution  to  hire  does  not  constitute  a  contract. 
All  contracts  must  be  in  writing. — Langston  v.  Sch.  Dist.  No.  3  of  Spring- 
wells.  121  /  654. 

QUALIFIED  TEACHER :  A  teacher  suing  for  his  wages  need  not  make 
profert  of  his  certificate,  but  the  granting  of  it  may  be  proved  by  parol. — 
Sch.  Dist.  v.  Cook.  47  / 112.  Normal  school  certificate  not  filed  or  recorded 
in  the  proper  office  (see  How.  4969)  until  after  contract  made. — Smith  v. 
Sch.  Dist..  69  /  591.  Since  the  statute  makes  invalid  a  contract,  where  the 
teacher  holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of 
a  recovery  of  salary. — Bryan  v.  Sch.  Dist.,  111/67. 

HOLIDAYS  AND  INTERRUPTIONS:  Teaching  contracts  for  stated  per- 
iods, are  subject  to  the  observance  of  recognized  holidays  and  there  can  be 
no  deductions  for  such  occasions  from  a  teacher's  wages. — Sch.  Dist.  v.  Gage. 
39/484:  Holloway  v.  Sch.  Dist..  62/156.  Suspension  of  school  during  the 
prevalence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's  wages 
for  the  time  the  school  is  closed. — Dewey  v.  Sch.  Dist.,  43  /  480.  Payment 
of  wasres  aft^r  the  burning  of  the  schoolhouse. — Smith  v.  Sch.  Dist.,  69/589. 

WAGES  NOT  GARNISHABLE :  A  teacher's  wages  cannot  be  reached  by 
garnishment. — Sch.  Dist.  v.  Gage,  43/484. 

CONTRACTS  :  Under  this  section,  providing  that  school  teachers'  con- 
tracts shall  be  in  writing,  and  signed  by  a  majority  of  the  district  board,  and 
shall  specify  the  wages,  etc.,  a  resolution  of  a  school  board  authorizing  the 
employment  of  a  specified  person,  though  supplemented  by  conversations  be- 
tween such  person  and  individual  members  of  the  board  in  respect  to  the 
terms  of  employment,  and  by  the  action  of  the  person  designated  in  appear- 
ing at  the  school  at  the  opening  of  the  term,  and  teaching  for  two  days 
without  objection,,  does  not  constitute  a  contract  of  hiring  binding  upon  the 
district. — Langston'  v.  Sch.  Dist.  No.  3  of  Springwells  Twp.,  121/654. 
Under  a  teacher's  contract  providing  that  she  should  teach  certain  terms  at 
a  stipulated  salary  "providing  satisfaction  is  given  to  the  school  board"  the 
board  had  a  right  to  say  whether  she  should  teach  the  spring  term,  and 
she  having  been  notified  of  their  determination  not  to  employ  her  before 
the  time  for  the  term  to  commence  she  could  rfot  recover  her  salary  though 
before  notice  she  had  taught  one  day  under  a  claim  that  the  spring  terra 
had  begun. — Kingston  v.  Sch.  Dist.  No.  5.  Decatur  Twp.,  140/603.  When 
a  teacher's  contract  provides  that  it  may  be  terminated  on  thirty  days' 
notice,  a  notice  to  terminate  is  effectual  though  given  before  the  commence- 
ment of  service  and  it  is  within  the  powers  of  the  board  of  education  to 
make  such  contract. — Dees  v.  Board  of  Education  of  Detroit,  146  /  64. 
Under  the  above  section,  requiring  all  contracts  by  school  district  boards 
with  teachers  to  be  in  writing,  an  oral  contract  with  a  teacher  to  continue 
the  school  for  a  month  after  the  expiration  of  his  written  contract  is  not 
enforceable,  though  such  teacher  has  performed  the  services. — Hutchins  v. 
School  District  No.  1  of  Colfax  Township,  128  / 177. 

CONTRACTS  AND  QUALIFIED  TEACHERS  :  A  contract  between  a 
teacher  and  a  graded  school  district  is  invalid,  unless  the  teacher,  at  the 
time  of  making  the  contract  has  the  certificate  required  by  section  217, 
authorizing  her  to  teach  during  the  term  covered  by  the  contract ;  obtain- 
ing a  certificate  after  the  making  of  the  contract,  and  before  the  commence- 
ment of  school,  is  not  a  compliance  with  the  statute. — McCloskey  v.  Sch. 
Dist.  No.  5,  Wheatland,  134/235. 

(60)      §  4679.     SEC.  14.     The  district  board  shall  provide  Garland  use 
a  water  supply  for  pupils,  have  the  care  and  custody  of  the  Souse.00 
schoolhouse  and  other  property  of  the  district,  except  so  far 
as  the  same  shall  by  vote  of  the  district  be  especially  con- 
fided to  the  custody  of  the  director,  including  all  books  pur- 
chased for  the  use  of  indigent  pupils,  and  shall   open   the 
schoolhouse  for  public  meetings  unless  by  a  vote  at  a  district 


32 


STATE    OF    MICHIGAN. 


Board  may  meeting  it  shall  be  determined  otherwise:  Provided,  That 
meetu£sPatbUc  sa^  board  may  exclude  such  public  meetings  during  the  five 
certain  times.  schOol  days  of  each  week  of  any  and  all  school  terms,  or  such 

parts  thereof  as  in  their  discretion  they  may  deem  for  the 

best  interest  of  the  schools. 

Am.  1901.  Act  146. 

The  hoard  has  the  care  and  custody  of  all  the  property  and  moneys  of 
the  district,  except  what  may  be  especially  confided  to  the  director. — Mavnard 
v.  Woodward,  36  /  424  ;  Eckhardt  v.  Darby,  118  /  199. 


Branches  of 
instruction. 


Text-books. 


Teacher  to 
certify. 


Penalty. 


Application 
of  act. 


(61)  §  4680.  SEC.  15.  In  addition  to  the  branches  in 
which  instruction  is  now  required  by  law  to  be  given  in  the 
public  schools  of  the  state,  instruction  shall  be  given  in 
physiology  and  hygiene,  with  a  special  reference  to  the  nature 
of  alcohol  and  narcotics,  and  their  effects  upon  the  human 
system.  Such  instruction  shall  be  given  by  the  aid  of  text- 
books in  the  case  of  pupils  who  are  able  to  read,  and  as 
thoroughly  as  in  other  studies  pursued  in  the  same  school. 
The  text-books  to  be  used  for  such  instruction  shall  give  at 
least  one-fourth  of  their  space  to  the  consideration  of  the 
nature  and  effects  of  alcoholic  drinks  and  narcotics,  and  the 
books  used  in  the  highest  grade  of  graded  schools  shall  con- 
tain at  least  twenty  pages  of  matter  relating  to  this  subject. 
Text-books  used  in  giving  the  foregoing  instruction  shall  first 
be  approved  by  the  state  board  of  education.  Each  school 
board  making  a  selection  of  text-books  under  the  provisions 
of  this  act  shall  make  a  record  thereof  in  its  proceedings, 
and  text-books  once  adopted  under  the  provisions  of  this  act 
shall  not  be  changed  within  five  years,  except  by  the  consent 
of  a  majority  of  the  qualified  voters  of  the  district  present  at 
an  annual  meeting  or  at  a  special  meeting  called  for  that 
purpose.  The  district  board  shall  require  each  teacher  in  the 
public  schools  of  such  district,  before  placing  the  school  reg- 
ister in  the  hands  of  the  directors,  as  provided  in  section 
thirteen  of  this  act,  to  certify  therein  whether  or  not  instruc- 
tion has  been  given  in  the  school  or  grade  presided  over  by 
such  teacher  as  required  by  this  act,  and  it  shall  be  the  duty 
of  the  director  of  the  district  to  file  with  the  township  clerk 
a  certified  copy  of  such  certificate.  Any  school  board  neg- 
lecting or  refusing  to  comply  with  any  of  the  provisions  of 
this  act  shall  be  subject  to  fine  or  forfeiture  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  its  office.  This  sec- 
tion shall  apply  to  all  schools  in  the  state,  including  schools 
in  cities  or  villages  whether  incorporated  under  special  char- 
ter or  under  the  general  laws. 

Am.  1911,  Act  217. 

Western  Pub.  House  v.  Sch.  Dist.,  94/265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an  an- 
nual school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power 
to  adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule 
of  the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions 
and  resolutions. — Id.  347.  As  to  suspension  of  by-law  regulating  adoption 
of  text-books,  see  Kendall  v.  Board  of  Education,  106/681. 

TEXT-BOOKS :  The  provision  of  the  law  that  text-books  once  adopted 
shall  not  be  changed  within  five  years,  was  designed  to  protect  the  public 


GENERAL  SCHOOL  LAWS.  33 

and  not  for  the  benefit  of  book  publishers.  A  resolution  of  the  board  di- 
recting the  purchase  of  a  specified  number  of  text-books  for  use  in  the  school 
constituted  an  adoption  of  that  book.  The  five  years  began  to  run  from 
the  date  of  such  resolution,  not  from  the  time  the  books  were  completely 
installed  in  the  school.  The  provisions  of  the  statute  that  all  text-books 
shall  be  uniform  on  any  one  subject,  requires  uniformity  in  the  books  used 
in  the  same  grade  only,  and  does  not  require  that  all  text-books  used  in  the 
different  grades  on  the  same  subject  shall  be  of  the  same  series.  A  resolution 
of  the  board  to  purchase  certain  text-books  for  "supplementary  use"  shows 
no  intention  to  adopt,  and  is  illegal  and  void.  —  Att'y  Gen.  ex  rel.  Marr  v. 
Bd.  Edu.  Detroit,  133  /  681.  Under  the  local  act  creating  it  (Act  233  of  1869) 
the  Detroit  board  of  education  cannot  buy  school  books  for  high  school  students^ 
and  sell  them  at  cost.  —  Attorney  General  v.  Board  of  Education,  175  /  438. 

(62)     §  4681.     SEC.  16.     The  district  board  may  purchase  Purchase  of 
at  the  expense  of  the  district,  such  text-books  as  may  be  nee- 


essary  for  the  use  of  children  when  parents  are  not  able  to 
furnish  the  same,  and  they  shall  include  the  amount  of  such 
purchase  in  the  report  to  the  township  clerk  or  clerks,  to  be 
levied  in  like  manner  as  other  district  taxes. 

(63)     §  4682.     SEC.  17.     The  district  board  shall  have  the  Board  to 
general  care  of  the  school,  and  shall  make  and  enforce  suit- 


able  rules  and  regulations  for  its  government  and  manage-  schools- 
ment,  and  for  the  preservation  of  the  property  of  the  district. 
Said  board  may  authorize  or  order  the  suspension  or  expul-  May  suspend 
sion  from  the  school,  whenever  in  its  judgment  the  interests  SLoSeriy 
of  the  school  demand  it,  of  any  pupil  guilty  of  gross  mis-  puplls- 
demeanor  or  persistent  disobedience.     Any  person  who  shall  Penalty  for 
disturb  any  school  by  rude  and  indecent  behavior,  or  by  pro-  scho^L1^ 
fane  or  indecent  discourse,  or  in  any  other  way  make  such 
disturbance,   shall,  on  conviction  thereof,  be  punished  by  a 
fine  not  less  than  two  nor  more  than  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  thirty  days. 

EXPULSION  :  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
must  be  gross  —  something  more  than  a  petty  or  trivial  offense  against  the 
rules  —  or  he  must  be  persistent  in  his  disobedience  of  the  proper  and  reason- 
able rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
malicious.  —  Holman  v.  Sch.  Dist.,  77  /  609. 

MISDEMEANOR:  The  meaning  of  the  word  "misaemeanor"  in  this  sec- 
tion is  gross  misconduct  or  gross  misbehavior,  not  necessarily,  a  criminal  act. 
—Holman  v.  Sch.  Dist.,  77/606-7. 

The  ruling  of  the  school  board  of  1894  required  all  children  to  be  vac- 
cinated before  attending  the  public  school.  George  Mathews,  having  three 
children  of  school  age  who  had  not  been  vaccinated,  brought  mandamus  pro- 
ceedings in  the  circuit  court  to  compel  the  school  board  to  admit  the  chil- 
dren to  the  public  school.  Held,  that  school  board  under  this  section  had  no 
authority  to  compel  children  to  be  vaccinated  before  entering  public  school. 
It  is  the  opinion  of  the  court,  however,  that  in  case  there  had  been  an 
epidemic  of  smallpox  in  the  city  at  that  time  the  board  would  have  the 
authority  to  temporarily  close  the  school,  or  say  who  shall  be  excluded  from 
the  school  until  the  epidemic  is  passed.  A  school  district  board,  by  virtue 
of  the  authority  conferred  on  it  by  statute  to  enact  rules  for  the  manage- 
ment of  the  schools,  has  no  power  to  adopt  a  general,  continuing  rule,  opera- 
tive without  regard  to  varying  conditions,  excluding  from  the  schools  all 
pupils  who  have  not  been  vaccinated.  —  Mathews  v.  Kalamazoo  Board  of  Edu- 
cation, 127/530. 

RULES  :  A  board  of  education  under  authority  of  the  statute  has  power 
to  make  rules  requiring  children  to  go  directly  home  after  school.  A  prin- 
cipal is  not  liable  for  damages  who  enforces  such  a  rule.  —  Jones  v.  Cody, 
132  /  13. 

(64)      §    4683.      SEC.    18.     All   persons   residents    of    any  who  can  at- 
school  district,  and  five  years  of  age,  shall  have  an  equal  right  tend  schooL 
to  attend  any  school  therein  ;  and  no  separate  school  or  de  NO  separate 
partment  shall  be  kept  for  any  persons  on  account  of  race  or  Iccount^f 
color  :    Provided,  That  this  shall  not  be  construed  to  prevent  race>  etc- 
5 


34 


STATE    OF    MICHIGAN. 


Grading  not 
prevented. 


District 
boards  may 
admit  non- 
resident 
pupils. 


Children  who 
are  a  county 
charge  to  be 
admitted. 


the  grading  of  schools  according  to  the  intellectual  progress 
of  the  pupil,  to  be  taught  in  separate  places  as  may  be  deemed 
expedient. 

It  is  the  requirement  of  the  general  law  that  the  right  to  attend  the 
schools  shall  be  possessed  equally  and  impartially  by  all  classes  of  residents. 
— People  v.  Detroit  Bd.  of  Ed.,  18/413.  And  mandamus  will  lie  at  the  in- 
stance of  a  father  to  compel  the  admission  of  his  child  to  school. — Id.  But 
children,  not  bona  fide  residents  of  a  family  In  a  school  district  but  inmates  in 
an  institution  of  a  charitable  nature  in  such  district,  engaged  in  supporting  and 
educating  homeless  and  needy  minors,  and  which  does  not  contribute  by  paying 
taxes  to  the  maintenance  of  district  schools,  are  not  entitled  to  attend  school 
in  a  district  which  has  determined  not  to  admit  nonresident  pupils. — Lake  Farm 
v.  Dist.  Bd.  of  Dist.  No.  2,  Kalamazoo  Township,  179  / 171. 

(65)  §  4684.  SEC.  19.  The  district  board  may  admit  to 
the  district  school  non-resident  pupils,  and  may  determine  the 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than 
the  average  cost  per  capita  for  the  number  of  pupils  of  school 
age  in  the  district.  Children  who  are  being  cared  for  at 
county  expense  shall  be  admitted  to  the  school  in  the  district 
whose  schoolhouse  is  nearest  the  county  house,  on  the  same 
terms  that  other  non-resident  pupils  are  admitted.  When 
non-resident  pupils,  their  parents  or  guardians,  pay  a  school 
tax  in  said  district,  such  pupils  shall  be  admitted  to  the 
schools  of  the  district,  and  the  amount  of  such  school  tax 
shall  be  credited  on  their  tuition  a  sum  not  to  exceed  the 
amount  of  such  tuition,  and  they  shall  only  be  required  to 
pay  tuition  for  the  difference  therein. 

TUITION :  Before  any  action  can  be  maintained  for  the  tuition  of  non- 
resident pupils,  the  district  board  must  first  fix  and  determine  the  rate  of 
tuition  of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the 
director  in  the  records  of  the  district. — Thompson  v.  Sch.  Dist.,  25/483. 


Duties. 
To  preside. 


Countersign 
orders,  etc. 


When  to 
bring  suit 
on  treasur- 
er's bond. 


MODERATOR. 

(66)  §  4685.  SEC.  20.  It  shall  be  the  duty  of  the  moder- 
ator of  each  school  district: 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis- 
trict and  of  the  board; 

Second,  To  countersign  all  orders  legally  drawn  by  the 
director  upon  the  treasurer  for  moneys  to  be  disbursed  by  the 
district,  and  all  warrants  of  the  director  upon  the  township 
treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 

Am.  1903,  Act  49. 

SECOND:  Countersigning  orders. — Wall  v.  Eastman,  1/268;  Sch.  Dist., 
v.  Mallary,  22  /  111.  The  moderator  has  the  right  to  satisfy  himself  that 
the  claim  for  which  the  order  was  drawn  is  a  valid  one. — Stockwell  v.  White 
Lake  Twp.  Bd.,  22  /  341 ;  People  v.  Bender,  36  /  195.  But  it  must  be  a  very 
plain  case  of  wrong  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  36  / 197.  The  director  is  a 
proper  relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 
Where  an  order  purports  upon  its  face  to  be  issued  by  a  school  district,  and 


GENERAL,    SCHOOL   LAWS.  35 

Is  signed  by  the  school  officers  In  the  ordinary  place  for  signatures,  and  at 
the  left,  in  fine  print,  are  the  words,  "Issued  by  authority  of  the  officers 
of  said  district,  and  payment  guaranteed,"  and  a  space  left  underneath  for 
the  signatures  of  the  guarantors.  Held,  That  the  purchaser  took  the  order 
subject  to  the  authority  of  the  school  district  to  issue.  That  such  school 
officers  are  not  liable  as  guarantors. — Bailey  v.  Tompkins,  127/74. 

DIRECTOR. 

(67)     §  4686.     SEC.  21.     It  shall  be  the  duty  of  the  direc--^irector, 
tor  of  each  school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the 
district  and  of  the  board; 

Second,   To  record  the  proceedings  of  all  district  meetings,  TO  record 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other  pro 
proceedings  of  the  board  in  proper  record  books; 

Third,   To  give  the  prescribed  notice  of  the  annual  district  Notice  of 
meeting,  and  of  all  such    special    meetings    as   he   shall    be m 
required  to  give  notice  of  in  accordance  with  the  provisions 
of  law; 

Fourth,    To  draw  and  sign  warrants  upon    the    township  warrants 

, .    ,    .    ,  r  and  orders. 

treasurer  for  all  moneys  raised  for  district  purposes,  or  ap- 
portioned to  the  district  by  the  township  clerk,  payable  to 
the  treasurer  of  the  district,  and  orders  upon  the  treasurer 
for  all  moneys  to  be  disbursed  by  the  district,  and  present 
them  to  the  moderator,  to  be  countersigned  by  that  officer. 
Each  order  shall  specify  the  object  for  which  and  the  fund 
upon  which  it  is  drawn; 

Fifth,   To  draw  and  sign  -all  contracts  with  teachers,  when  Teachers' 
directed  by  the  district  board,  and  present  them  to  the  other  cc 
members  of  the  board  for  further  signature; 

Sixth,   To  provide  the  necessary  appendages  for  the  school-  Appendages, 
house  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.    Necessary  append-  what 
ages  within  the  meaning  of  the  law  shall  consist  of  the  follow-  ° 
ing  articles,  to-wit:    A  set  of  wall  maps,  the  grand  divisions, 
the  United  States  and  Michigan,  not  exceeding  twelve- dollars 
in  price,  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten    dollars,    a    reading    chart   not  exceeding  five 
dollars,  and  a  case  for  library  books  not  exceeding  ten  dol- 
lars; also  a  looking-glass,  comb,  towel,  water  pail,  cup,  ash 
pail,  poker,  stove  shovel,  broom,  dust  pan,  duster,  wash  basin 
and   soap,  and  upon  the  order  of  the  district  board  shall  £th£Jatus 
furnish  the  schoolhouse  with  such  other  apparatus  as  may  be  ai 
necessary  for  doing  efficient  work; 

Seventh,    To  keep  an  accurate  account  of  all  expenses  in-  TO  keep 
curred  by  him  as  director,  and  such  accounts  shall  be  audited  a( 
by  the  moderator  and  treasurer,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose; 

Eighth,   To  present  at  each  annual  meeting  an  estimate  of  Estimate  of 
the  expenses  necessary   to  be  incurred   during  the  ensuing expeE 
year  by  the  director  as  provided  by  law,  and  for  the  payment 
of  the  services  of  any  district  officer; 


36 


STATE    OP    MICHIGAN. 


To  preserve 
reports. 


Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  the 
school  inspectors  and  safely  preserve  and  keep  all  books, 
papers  and  other  documents  belonging  to  the  office  of  di- 
rector or  to  the  district,  when  not  otherwise  provided  for, 
and  to  deliver  the  same  to  his  successor  in  office ; 

other  duties.        Tenth,   To  perform  such  other  duties  as  are  or  shall  be  re- 
quired of  the  director  by  law  or  the  district  board. 

Am.  1901,  Act  165;   1909,   Act  173. 

SECOND  :  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
by  parol. — Thompson  v.  Sch.  Dist.,  25  /  488. 

FOURTH  :  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
moneys  belonging  to  the  district  is  an  official  order  for  the  transfer  of  funds, 
not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named. — 
Fox.  v.  Shipman,  19  /  218  ;  Burns  v.  Bender,  36  /  195.  See  Sch.  Dist.  v.  Mal- 
lary,  23  /  111 ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  The  duty  of  procuring  this 
transfer  of  district  moneys,  within  some  reasonable  time  is  not  discretionary,, 
but  absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign 
all  orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36  /  197.  The 
township  treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50  /  225.  The  disbursement  of 
all  school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  tbe 
director,  countersigned  by  the  moderator. — Burns  v.  Bender,  36  / 195  ;  Mid- 
land Sch.  Dist.  v.  Sch.  Dist.,  40/551:  Sch.  Dist.  v.  Mallary.  23  /  111. 

SIXTH :  See  section  46  subd.  7.  See,  also  Sch.  Dist.  v.  Snell,  24  /  350 ; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist,  99/402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc..  of  the 
school  house  in  order  and  repair. — Twp.  Board  of  Hamtramck  v.  Holihan, 
46  / 127. 

SEVENTH :  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  dis- 
trict on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass 
upon  the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100  /  332. 

EIGHTH  :  Prior  to  1859.  no  provisions  of  law  existed  for  paying  any  of 
the  officers  for  services  rendered. — Hinman  v.  Sch.  Dist.,  4  /  168. 


How  and 
when  taken. 


s^ooi  census,  (68)  g  4687<  gBC>  22.  It  shall  be  the  duty  of  all  school 
boards  and  boards  of  education  in  this  state  to  make  an 
annual  school  census  in  their  respective  districts  or  cities  as 
is  provided  in  this  section : 

First,  In  all  school  districts,  except  in  incorporated  cities 
having  a  population  of  three  thousand  or  over,  within  fifteen 
days  next  previous  to  the  first  day  in  June  of  each  year,  the 
director,  or  such  other  reputable  and  capable  person  or  per- 
sons as  the  district  board  may  appoint,  shall  take  the  school 
census  of  the  district  and  make  a  list  in  writing  of  the  names 
and  ages  of  all  the  children  who  are  five  years  of  age,  and 
under  twenty  years  of  age,  wThose  parents  or  legal  guardians 
reside  therein,  the  names  of  said  parents  or  guardians,  giving 
street  and  residence  number  in  villages  and  cities,  in  such 
form  as  the  superintendent  of  public  instruction  may  pre- 
scribe, and  said  list  shall  be  verified  by  the  oath  or  affirma- 
tion of  the  person  taking  such  census,  by  affidavit  appended 
thereto  or  endorsed  thereon,  setting  forth  that  the  person  or 
persons  taking  such  census  made  a  house  to  house  canvass 
of  the  entire  district  or  portion  thereof  canvassed  by  said 
enumerator  and  that  it  is  a  correct  list  of  the  names  of.  all  the 
children  between  the  ages  aforesaid  residing  in  the  district. 

where  made.  Said  affidavit  may  be  made  before  the  township  clerk  or  other 
officer  authorized  by  law  to  take  acknowledgments;  and  said 
verified  census  list  shall  be  returned  with  the  annual  report 


Affidavit. 


GENERAL  SCHOOL  LAWS.  37 

of  the  director  to  the  township  clerk  before  the  first  Monday 

in  August  thereafter.    The  director,  or  other  person  employed  Compensation. 

by  the  board  of  education,  may  receive  as  compensation  for 

taking  said  census,  such  sum  as  the  school  board  may  direct, 

not  exceeding  one  hundred  dollars; 

Second,  In  all  incorporated  cities  or  special  legislative  dis- 
tricts  having  a  population  of  three  thousand  or  over,  within  taken. 
twenty  days  next  previous  to  the  first  day  in  June  of  each 
year,  the  secretary  of  the  board  of  education,  or  other  reputa- 
ble and  capable  person  or  persons  employed  by  the  board  of 
education,  shall  take  the  school  census  of  said  city  as  follows : 

(a)  The  census  shall  be  taken  and  reported  by  wards; 

(b)  Each  enumerator  shall  make  a  list  in  writing  of  the 
names  and  ages  of  all  children  who  are  five  years  of  age  and 
under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  in  the  ward  or  portion  of  the  ward  allotted  to  said 
enumerator,  together  with  the  names  of  said  parents  or  legal 
guardians,  giving  the  street  and  residence  number  in  each 
case,  said  list  to  be  in  such  form  as  the  superintendent  of 
public  instruction  may  prescribe,  and  it  shall  be  verified  by 
the  oath  or  affirmation  of  the  person  making  the  same,  by 
affidavit  appended  thereto  or  indorsed  thereon,  setting  forth 
that  the  person  or  persons  taking  such  census  made  a  house 
to  house  canvass  of  the  entire  ward  or  portion  thereof  can- 
vassed by  said  enumerator  and  that  it  is  a  correct  list  of  the 
parents  or  legal  guardians,  their  street  and  residence  num- 
ber, the  names  and  ages  of  all  the  children  of  the  ages  afore- 
said residing  in  the  ward  or  part  thereof  as  allotted  to  him; 

Third,    In  taking  the  census  in  any  school  district  or  city  Children  not 
the  director  or  enumerators  shall  not  include  in  the  census  ID 
the  names  of  any  child  or  children  in  reformatories  or  pris- 
ons ;  nor  the  names  of  any  child  or  children  in  asylums,  alms- 
houses,  or  other  charitable  institutions  except  as  follows: 

(a)  Children  in  such  institutions   who    regularly    attend 
the  public  schools; 

(b)  Orphans  whose  parents  at  the  time  of  death  resided  in 
such  school  district  or  city.    Children  of  either  class  shall  be 
included  in  the  district  or  ward  where  such  institution  is  lo- 
cated, except  children  in    class   (a)    where    the    parents  or 
either  of  them,  reside  in  the  city  or  district,  and  in  such  cases 
the  legal  residence  of  the  child  is  that  of  the  parent.    Indian 
children  shall  not  be  included  in  any  census,  unless  they  at- 
tend the  public   schools,  or  their  parents  are  liable  to  pay 
taxes  in  the  district  or  city.    Domestics,  bell  boys,  and  other 
servants,  if  entitled  to  be  included  in  the  census,  must  be 
recorded  at  the  residence  of  their  parents  or  legal  guardians. 

Fourth,  In  cities  having  a  population  of  three  thousand  or  £°mpiling 
over,  the  secretary  of  the  board  of  education  and  the  several 
enumerators  shall,  immediately  after  the  first  day  in  June  of 
each  year,  compare,  correct  and  compile  the  entire  census. 


STATE    OF    MICHIGAN. 


Affidavit. 


When 
transmitted. 


Penalty  for 
giving  false 
information 
for  school 
census. 


Report  to 

tSrs^ih 
contain. 


The  said  secretary  of  the  board  of  education  shall  then  attach 
thereto  his  affidavit  that  the  several  enumerators  were  duly 
employed  by  the  board  of  education  and  that  said  census  has 
been  properly  compared,  corrected  and  compiled;  and  forth- 
with, and  before  the  second  Monday  in  July  thereafter,  trans- 
mit to  the  superintendent  of  public  instruction  the  entire  cen- 
sus, together  with  his  affidavit  and  the  affidavits  of  the  sev- 
eral enumerators,  and  at  the  same  time  he  shall  transmit  to 
said  superintendent  of  public  instruction  the  annual  statisti- 
cal and  financial  report  of  said  city  or  district. 

Am.  1903,  Act  218  ;  1905,  Act  36  ;  1911,  Act  90. 

It  was  an  improper  exercise  of  the  discretion  of  the  superintendent  of  public 
instruction  to  reject  from  the  list  of  names  91  school  children,  whose  parents 
or  guardians,  as  shown  in  the  report  of  the  secretary  of  the  public  schools,  re- 
sided in  the  district,  and  it  was  unlawful  to  reject  the  names  of  five  children 
who  were  orphans  attending  school  in  the  city  and  living  with  relatives  that 
stood  in  loco  parentis. — Muskegon  Public  Schools  v.  Wright,  176  /  6. 

(69)  §  4688.     SEC.  22a,    Any  person  who  shall  refuse  to 
give  any   census   enumerator  of   school   children   the   neces- 
sary information  for  the  compiling  of  a  correct  census  or 
who  shall  intentionally  give  to  such  enumerator  any  false 
information  as  to  the  names  or  ages  of  school  children  or  as 
to  the  names  or  residence  of  the  parents  or  guardians  of 
any  school  children,   or  any  school  census  enumerator  who 
shall  perform  his  duties  carelessly   or   negligently    or   shall 
include  in  the  list  of  names  of  school  children  any  children 
who  are  not  actually  residents  of  the  city  or  district,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in 
a  court  of  competent  jurisdiction,  shall  be  liable  to  a  fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars,  or  to 
imprisonment  in  the  county  jail  for  not  more  than  twenty 
days,  or  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 

Am.  1905,  Act  208. 

(70)  §  4689.     SEC.  23.     The  director  shall  also,   at  the 
end  of  the  school  year,  and  previous  to  the  first  Monday  in 
August  in  each  year,  deliver  to  the  township  clerk,  to  be  filed 
in  his  office,  a  report  to  the  board  of  school  inspectors  of  the 
township,  showing: 

First,  The  whole  number  of  children  belonging  to  the  dis- 
trict between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  un- 
der five,  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  district 
that  have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  each  teacher, 


GENERAL,  SCHOOL  LAWS.  39 

the  length  of  time  taught  by  each,  and  the  wages  paid  to 
each; 

Sixth,  The  average  length  of  time  scholars  between  five 
and  twenty  years  of  age  have  attended  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

Eighth,    The  amount  of  money  raised  by  the  district,  and  ~ 
the  purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent  of 
public  instruction  shall  direct. 

Am.  1905,  Act  36. 

(71)  §  4690.     SBC.  24.     The  director  of  each  fractional  where 
district  shall  make  his  annual  report  to  the  clerk  of  the  town- 
ship  in  which  the  schoolhouse  is  situated,  and  shall  also  re- 
port  to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of  five 

and  twenty  years  in  that  part  of  the  district  lying  in  such 
township. 

(72)  §  4691.     SEC.  25.     It  shall  be  the  duty  of  the  treas- 
urer of  each  school  district: 

First,   To  execute  to  the  district  and  file  with  the  director,  Treasurer  to 
within  ten  days  after  his  election  or  appointment,  a  bond file  bon(L 
in  the  full  amount  of  money  to  come  into  his  hands  during 
each  year  of  his  term  of  office,  as  near  as  the  same  can  be 
ascertained,  with  two  or  more  sureties,  each  of  whom  shall 
be  required  to  justify  in  writing  and    under    oath    to    the 
amount  for  which  he  is  holden  in  said  bond ;  or  the  treasurer 
may  furnish  the  bond  of  some  surety  company   authorized 
to  do  business  in  this  state.     The  premium  on  said  surety  Premium, 
bond  if  purchased  shall  be  paid  by  the  district;  the  form 
of  the  bond,  the  penalty  and  sufficiency  of  the  sureties  to 
be  subject  to  the  approval  of  the  moderator  and  director, 
conditioned  for  the  faithful  performance  of  his  duties  and 
the  proper  application   of  all  moneys  that  shall  come  into 
his  hands  by  virtue  of  his  office.     Said  bond  shall  be  filed'  Filing  and 
with  the  director,  and  none  of  the  books  or  money  of  the  aPproval- 
district  shall  be  placed  in  the  hands  of  the  treasurer  until 
his  bond  has  been  so  approved  and  filed,  and  in  case  of  any 
breach  of  the  conditions  thereof  the  moderator  shall  cause 
a  suit  to  be  commenced  thereon  in  the  name  of  the  district, 
and  any  moneys  collected  thereon  shall  be  paid  into  the  town- 
ship treasury  subject  to  the  order  of  the  district  officers,  and 
shall  be  applied  to  the  same  purposes  as  the  moneys  lost 
should  have  been  applied  by  the  treasurer:    Provided,  That  Proviso, 
if  the  treasurer  shall   deposit   the  money  in   any  bank  or 
trust  company  authorized  to  do  business  in  this  state,  such 
deposit  shall  be  made  in  his  name  as  treasurer  of  the  dis- 


40 


STATE    OF    MICHIGAN. 


Proviso 


Duty  of 
treasurer. 


trict,  and  any  and  all  interest  paid  by  such  bank  or  company 
on  such  deposits  shall  be  accounted  for  by  the  treasurer 
to  the  district  and  credited  to  the  general  fund  :  Provided, 
That  no  bank  or  depository  shall  receive  a  larger  deposit 
of  said  funds  than  the  amount  of  the  bond  as  hereinafter 
provided,  and  in  no  event  to  exceed  one  hundred  thousand 
dollars,  and  such  bank  or  banks  shall  give  good  and  sufficient 
bond  to  be  approved  by  the  district  board  conditioned  for  the 
receipt,  safe-keeping  and  payment  of  all  money  which  may 
come  into  its  custody,  in  the  amount  designated  as 
the  penalty  in  the  bond  furnished  by  the  district 
treasurer  to  the  district.  It  shall  be  the  duty  of 
the  treasurer  of  said  district  to  see  that  a  sum  in  excess 
of  the  amount  of  the  bond  is  not  deposited  in  such  bank  or 
banks,  and  said  treasurer  and  his  bondsmen  shall  be  liable 
for  only  such  loss  occasioned  by  deposits  in  excess  of  the 
amount  of  such  bond.  The  district  board  of  each  district 
shall  determine  by  resolution  the  time  for  which  such  de 
posits  shall  be  made,  and  all  details  for  carrying  into  effect 
the  authority  herein  given,  but  all  such  proceedings  in  con- 
nection with  the  deposit  of  such  moneys  shall  be  conducted  in 
such  a  manner  as  to  insure  full  publicity  and  shall  be  open 
proviso,  when  at  all  times  to  public  inspection  :  Provided,  That  the  elec- 
tors  at  the  annual  meeting  may  designate  a  depository  or 
depositories  in  which  the  funds  of  the  district  shall  be  de- 
posited :  Provided,  however,  That  upon  failure  of  the  elec- 
tors at  such  annual  meeting  to  designate  such  depository 
or  depositories,  the  district  board  by  a  majority  vote  of  the 
members  thereof,  may  designate  a  depository  or  depositories 
in  which  the  funds  of  the  district  shall  be  deposited.  Upon 
designation  of  any  depository  or  depositories  in  compliance 
with  the  provisions  of  this  section,  it  shall  be  the  duty  of  the 
treasurer  to  deposit  all  funds  of  the  district  therein,  and 
in  such  proportion  and  manner  as  may  be  provided  by  said 
district  board.  Every  such  depository  so  named  shall  give 
such  bond  as  the  district  board  may  require  and  approve  for 
the  safe-keeping  and  accounting  of  such  funds,  in  which  case 
the  treasurer  shall  not  be  held  liable  for  any  neglect  or  de- 
fault by  any  such  depository  or  depositories; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully 
drawn  and  countersigned  by  the  moderator,  out  of  any 
moneys  in  his  hands  belonging  to  the  fund  upon  which  such 
orders  may  be  drawn; 

Third,  To  keep  a  book  in  which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Fourth,    To  present  the  district  board  at  the  close  of  the 


orders. 


Record  kept. 


Annual  report. 


school  year  a  report  in  writing,  containing  a  statement  of  all 
moneys  received  during  the  preceding  year  and  each  item 
of  disbursements  made,  and  exhibit  the  voucher  therefor; 


GENERAL  SCHOOL  LAWS.  41 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all  suits. 
suits  brought  by  or  against  the  same  when  no  other  direc- 
tions shall  be  given  by  the  qualified  voters  in  the  district 
meetings,  except  in  suits  in  which  he  is  interested  adversely 
to  the  district,  and  in  all  such  cases  the  moderator  shall 
appear  for  such  district  if  no  other  directions  be  given  as 
aforesaid ; 

Sixth,   At  the  close  of  his  term  of  office  to  settle  with  the  settlement, 
district  board  and  deliver  to  his  successor  in  office  all  books, 
vouchers,   orders,  documents  and  papers    belonging    to    the 
office  of  treasurer,  together  with  all  district  moneys  remain- 
ing on  hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be 
by  law  required  of  the  treasurer. 

Am.  1901,  Acts  62,  165;  1903,  Acts  21,  49;  1907,  Act  91;  1909,  Act  83; 
1911,  Act  218;  1915,  Act  40. 

FIRST :  An  assessor  cannot  lawfully  withhold  the  district  funds  in  his 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  charge- 
able with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and 
received  as  well  as  action  on  his  bond. — Mason  v.  Sch.  Dist.,  34  /  228.  See 
Welch  v.  Frost,  1  /  30  ;  also,  Bryant  v.  Moore,  50  /  225. 

SECOND :  See  section  66,  subd.  2,  and  section  67,  subd.  4,  and  notes. 
The  assessor  is  the  disbursing  officer  of  the  district. — Sch.  Dist.  v.  Mallary, 
23  /  111.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands  and  be  paid  out  by  him  on 
proper  orders, — Sch.  Dist.  v.  Sch.  Dist.,  40  /  551.  Moneys  in  the  hands  of 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to 
any  district  purpose,  except  through  the  hands  of  the  assessor. — Burns  v. 
Bender,  36  / 198.  An  assessor  cannot  pay  out  any  money  lawfully  without 
a  warrant. — Id.  Interest  is  not  payable  on  school  district  orders  if  no 
authority  has  been  given  to  impose  it. — Turnbull  v.  Sch.  Dist.,  45  /  496.  But 
interest  may  be  allowed  from  demand  when  mandamus  is  granted  for  pay- 
ment, when  its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery 
of  interest  at  law. — Martin  v.  Tripp,  51  / 184.  Mandamus  lies  to  compel 
a  district  to  pay  or  provide  for  the  payment  of  its  orders. — Turnbull  v. 
Sch.  Dist.,  45  /  496.  And  to  compel  an  assessor  to  pay  a  school  order,  where 
the  court  is  satisfied  that  there  is  no  valid  defense. — Martin  v.  Tripp,  51  / 
184.  A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application 
for  mandamus  to  require  an  assessor  to  pay  a  warrant  drawn  on  him. — 
Allen  v.  Frink,  32/96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting ;  the  moderator 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing,  30  /  351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether  he 
is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the  di- 
rector's warrants,  see  Burns  v.  Bender,  36/197. 

SIXTH :  Deposits  in  a  bank :  Where  money  belonging  to  a  board  of 
education  or  a  school  district  is  deposited  in  a  bank  with  the  knowledge  of 
the  board  and  the  district  receives  interest  thereon,  the  district  does  not  be- 
come a  preferred  creditor  upon  failure  of  bank. — Bd.  of  Ed.  City  of  Detroit 
v.  Union  Trust  Co.,  136/454. 

LIABILITIES  ON  BOND:  Misconduct  of  a  board  of  education  in  ap- 
pointing a  certain  person  treasurer  in  consideration  of  a  promise  to  pay 
interest  on  funds  does  not  render  appointment  void  nor  release  sureties.  The 
depositing  of  funds  in  a  bank  of  which  the  treasurer  is  an  officer  does  not 
make  the  deposit  the  board's  act  so  as  to  release  sureties  on  the  treasurer's 
bond. — Board  of  Education  of  Detroit  v.  Andrews,  142  /  484. 


CHAPTER  IV. 

TOWNSHIP  CLERK. 

(73)      §  4698.     SEC.  7.     The  township  clerk  shall  receive  Triplicate 
the  annual  reports  of  the  school  directors  of  his  township,  when*3' 


and  on  the  first  Monday  of  August  in  each  year  he  shall  make 
triplicate  reports  setting  forth  the  whole  number  of  school  make,  etc. 


42 


STATE    OF    MICHIGAN. 


Copies, 

where 

filed. 


Proviso,  in 
case  of 
township 
district. 


districts  in  his  township,  if  any,  the  amount  of  money  raised 
and  received  for  school  libraries  and  such  other  items  as 
shall  from  year  to  year  be  required  by  the  superintendent  of 
public  instruction,  together  with  the  several  particulars  set 
forth  in  the  reports  of  the  several  school  directors  for  the 
preceding  year,  and  within  ten  days  thereafter  he  shall  for- 
ward two  copies  of  the  same,  together  with  two  copies  of 
each  of  the  reports  from  school  directors  to  the  county  com- 
missioner of  schools  and  file  the  other  copy  or  copies  of  these 
reports  in  his  office,  and  he  shall  receive  all  communications, 
blanks  and  documents  transmitted  to  him  by  the  superin- 
tendent of  public  instruction  and  dispose  of  the  same  in  the 
manner  directed  by  said  superintendent:  Provided,  That  in 
case  the  township  is  organized  into  a  township  district  or  a 
fractional  township  district  the  board  of  education  of  such 
township  district  or  fractional  township  district  shall  meet 
on  the  first  Monday  in  August  and  make  the  triplicate  re- 
ports to  the  superintendent  of  public  instruction,  and  in  such 
cases  this  report  shall  take  the  place  of  the  report  above  pro- 
vided for  to  be  made  by  the  township  clerk,  and  the  said 
board  shall  dispose  of  its  reports  in  the  same  manner  as  is 
provided  for  the  township  clerk :  Provided  further,  That  the 
county  commissioner  of  schools  shall  annually  send  to  each 
township  clerk  and  to  the  secretary  of  each  board  of  educa- 
tion a  complete  list  of  the  legally  qualified  teachers  of  the 
county,  and  at  the  time  the  township  clerk  shall  make  the 
triplicate  reports  herein  provided  for  he  shall  compare  the 
list  of  teachers  employed  in  the  township  with  said  complete 
list  of  teachers,  and  if  in  any  school  district  or  in  the  town- 
ship district  a  school  shall  not  have  been  taught  for  the 
time  required  by  law  during  the  preceding  year  by  a  legally 
qualified  teacher,  no  part  of  the  primary  school  interest  fund 
shall  be  distributed  to  such  district  or  to  such  proportional 
part  of  the  township,  although  the  report  from  such  district 
or  township  shall  set  forth  that  a  school  or  schools  have  been 
so  taught,  and  it  shall  be  the  duty  of  the  township  clerk  or 
the  board  of  education,  when  said  board  shall  make  the 
reports  as  hereinbefore  provided,  to  certify  all  these  facts 
as  to  the  employment  of  teachers  to  the  superintendent  of 
public  instruction. 


Further 

proviso, 

legally 

qualified 

teachers. 


Primary 
money,  when 
forfeited. 


Am.  1909,  Act  29. 

Sections  1-6,  inclusive,  and  section  8  were  repealed  by  Act  29  of  1909. 


Map  show- 
ing school 
districts. 


Copies, 
where  filed. 


(74)  §  4700.  SEC.  9.  Each  township  clerk  shall  make  or 
cause  to  be  made  a  map  of  his  township,  showing  by  distinct 
lines  thereon  the  boundaries  of  each  school  district  and  parts 
of  school  districts  therein,  if  such  school  districts  exist,  and 
shall  regularly  number  the  same  thereon  as  established  by 
proper  authority.  One  copy  of  such  map  shall  be  filed  by 
said  clerk  in  his  office  and  one  other  copy  he  shall  file  with 


GENERAL    SCHOOL    LAWS. 


the  supervisor  of  the  township.   If  any  division  or  alteration  Alterations, 
is  at  any  time  made  in  the  boundaries  of  any  district  or  of 
any  township  district,  the  township  clerk  shall  within  one 
month  thereafter  file  a  new  map  and  copy  thereof  as  afore- 
said showing  such  changes. 

Am.  Id. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown  by 
parol,  without  producing  maps,  plats  or  documents. — Brooks  v.  Fairchild, 
36  /  234. 

(75)  §  4701.     SEC.  10.     It  shall  be  the  dutv  of  the  town-  cierkto 

i  •         i  j.  i  i  •  .LI  "      /»  i  e  certify  pro- 

ship  clerk  of  each  township,  on  or  before  the  first  day  of  posed  school 

October  in  each  year,  to  make  and  deliver  to  the  supervisor  taxes> 

of  his  township  a  certified  copy  of  all  statements  on  file  in 

his  office  of  moneys  proposed  to  be  raised  by  taxation  in  each 

of  the  several  school  districts  of  the  township,  if  any,  for 

school  purposes,  or  to  be  raised  by  any  township  district, 

whole  or  fractional,  for  such  purposes.     In  case  such  condi-  Jn  9a.se  °* 

, ,  .  division  of 

tion  shall  arise,  he  shall  certify  to  the  supervisor  the  amount  district. 
to  be  assessed  upon  the  taxable  property  of  any  school  dis- 
trict retaining  the  district  schoolhouse  or  other  property  on 
the  division  of  the  district  as  the  same  shall  have  been  de- 
termined by  proper  authority,  and  he  shall  also  certify  the 
same  to  the  director  or  secretary  of  such  district  and  to  the 
director  or  secretary  of  the  district  entitled  thereto. 

Am.  Id. 

(76)  §  4702.     SEC.  11.     On  receiving   notice     from     the  Apportion- 
county  treasurer  of  the  amount    of    school    moneys    appor-  Shooi0 
tioned  to  his  township,  the  township  clerk  shall  apportion  moneys- 
the  same  amount  to  the  several  districts  therein,  or  to  the 

whole  or  fractional  township  district  entitled  to  the  same,  in 
accordance  with  the  statement  from  the  superintendent  of 
public  instruction  sent  to  such  township  clerk  and  based 
upon  the  annual  report  of  the  school  directors  or  the  secre- 
tary of  the  board  of  education  for  the  preceding  school  year, 
and  he  shall  file  said  statement  from  the  superintendent  of 
public  instruction  permanently  in  the  records  of  his  office. 

Am.  Id. 

(77)  §  4703.     SEC.  12.     Said  clerk  shall   also    apportion  To  apportion 
to  the  school  districts  in  his  township,  as  required  by  law,  on  school  taxes, 
receiving  notice  of  the  amount  from  the  township  treasurer, 

all  moneys  raised  by  township  tax,  or  received  from  other 
sources,  for  the  support  of  schools ;  and  in  all  cases  make  statement  to 
out  and  deliver  to  the  township  treasurer  a  written  state-  t?easure?. 
ment  of  the  number  of  children  in  each    district    drawing 
money,  and  the  amount  apportioned    to    each    district,    and 
record  the  apportionment  in  his  office;  and  whenever  an  aP' 
portionment  of  the  primary  school  interest  fund,  or  moneys 
raised  by  tax,  or  received  from  other  sources,  is  made,  he  dTs?rictsd 


44 


STATE    OF    MICHIGAN. 


shall  give  notice  of  the  amount  to  be  received  by  each  dis- 
trict to  the  director  thereof. 


Assessment 
and  collection 
of  district 
taxes. 


Taxes  not 
assessed  at 
proper  time. 


TOWNSHIP  SUPERVISOR  AND  TREASURER. 

(78)  §  4704.  SEC.  13.  It  shall  be  the  duty  of  the  super- 
visor of  the  township  to  assess  the  taxes  voted  by  every 
school  district  in  his  township,  and  also  all  other  taxes  pro- 
vided for  in  this  act,  chargeable  against  such  district  or 
township,  upon  the  taxable  property  of  the  district  or  town- 
ship respectively,  and  to  place  the  same  on  the  township  as- 
sessment roll  in  the  column  for  school  taxes,  and  the  same 
shall  be  collected  and  returned  by  the  township  treasurer  in 
the  same  manner  and  for  the  same  compensation  as  township 
taxes.  If  any  taxes  provided  for  by  law  for  school  purposes 
shall  fail  to  be  assessed  at  the  proper  time,  the  same  shall  be 
assessed  in  the  succeeding  year. 

FAILURE  TO  ASSESS :  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment. — 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97  /  596. 


Assessment   of 
one-mill  tax. 


Proviso, 
when  assess- 
ment not  to 
be  made. 


Moneys  ap- 
portioned by 
town  clerk. 


In  townships 
where  no 
districts  are 
formed. 


(79)  §  4705.  SEC.  14.  The  supervisor  shall  also  assess 
upon  the  taxable  property  of  his  township,  one  mill  upon 
each  dollar  of  the  valuation  thereof  in  each  year,  and  report 
the  aggregate  valuation  of  each  district  to  the  township 
clerk,  who  shall  report  said  amount  to  the  director  of  each 
school  district  in  his  township,  or  to  the  director  of  any 
fractional  school  district  a  portion  of  which  may  be  located 
in  said  township  before  the  first  day  of  September  of  each 
year:  Provided,  That  before  the  supervisor  shall  assess  said 
tax  he  shall  examine  the  reports  of  the  several  school  dis- 
tricts in  his  township  for  the  preceding  year  and  if  said  re- 
ports show,  exclusive  of  funds  raised  for  building  purposes, 
a  balance  on  hand  in  any  district  of  a  sum  equal  to  or  in 
excess  of  the  amount  paid  for  teachers'  wages  in  said  district 
during  the  preceding  year,  then  said  supervisor  shall  not 
assess  the  one-mill  tax  upon  the  property  of  such  district  for 
the  ensuing  year.  All  moneys  raised  by  one-mill  tax  shall  be 
apportioned  by  the  township  clerk  to  the  district  in  which 
it  was  raised,  and  all  moneys  collected  by  virtue  of  this  act 
during  the  year,  on  any  property  not  included  in  any  organ- 
ized district,  or  in  districts  which  have  not  maintained 
school  for  the  required  period  during  the  previous  year,  shall 
be  apportioned  to  the  several  other  school  districts  of  said 
township  that  did  maintain  school,  in  the  same  manner  as 
the  primary  school  interest  fund  is  now  apportioned.  All 
moneys  accruing  from  the  one-mill  tax  upon  the  property  of 
any  district  in  any  township  before  said  district  shall  have  a 
legal  school  therein,  shall  belong  to  the  district  in  which  it 


GENERAL  SCHOOL  LAWS.  45 

was  raised  when  such  district  shall  have  maintained  school 
for  the  required  period  by  a  qualified  teacher. 

Am.  1905,  Act  16. 

See  Saginaw  Twp.  v.   Saginaw,  9  /  541 ;   Twp.  of  Deerfield  v.   Harper.   115  / 

678. 

.(80)     §  4706.     SEC.  15.     The  amount  to  be  assessed  upon  men  district 

,      _.    ,  is  divided, 

the  taxable   property   of  any   school   district   retaining    the  certain  taxes 

schoolhouse  or  other  property,  on  the  division  of  a  district,  tc 

as  the  same  shall  have  been  determined  by  the  inspectors, 

shall  be  assessed  by  the  supervisor  in  the  same  manner  as  if 

the  same  had  been  authorized  by  a  vote  of  such  district;  and 

the  money  so  assessed  shall  be  placed  to  the  credit  of  the 

taxable  property  taken  from  the  former  district,    and    shall 

be  in  reduction  of  any  tax  imposed  in  the  new  district  on 

said    taxable   property    for   school    district    purposes :     Pro-  Proviso. 

vided,  That  if  the  district  retaining  the  school  house  shall 

vote  to  pay,  and  shall  pay,  before  said  taxes  are  assessed, 

any  portion  of  said  amount  to  the  new  district,  said  amount, 

as  shall  be  certified  by  the  moderator  and  director  of  the 

new  district  to  the  supervisor,  shall  be  deducted  from  the 

amount  to  be  assessed  as  provided  in  this  section.     When  HOW  such 

collected,  such  amount  shall  be  paid  over  to  the  treasurer  of  applied0  be 

the  new  district,  to  be  applied  to  the  use  thereof  in  the  same 

manner,  under  the  direction  of  its  proper  officers,  as  if  such 

sum  had  been  voted  and  raised  by  said  district  for  building  a 

schoolhouse  or  other  district  purposes. 

Am.  1901,  Act  165. 

NEW  DISTRICT  :  The  money  when  collected,  must  be  paid  to  the  assessor 
of  the  new  district ;  and  if  wrongfully  paid  to  the  old  one,  the  new  district 
may  maintain  an  action  for  money  had  and  received,  against  the  old  dis- 
trict.—Sch.  Dist.  v.  Sch.  Dist.,  40/551. 

(81)  §  4707.  SEC.  16.  The  full  amount  of  all  taxes  to  Taxes  in 
be  levied  upon  the  taxable  property  in  a  fractional  school 
district  shall  be  certified  by  the  district  board  to  the  town- 
ship clerk  of  each  township  in  which  such  district  is  in  part 
situated,  and  by  such  township  clerks  to  the  supervisors  of 
their  respective  townships,  and  it  shall  be  the  duty  of  each 
of  said  supervisors  to  certify  to  each  other  supervisor  in- 
terested, the  amount  of  taxable  property  in  that  part  of  the 
district  lying  in  his  township :  Provided,  That  when  there  Proviso, 
exists  a  manifest  difference  in  the  valuation  of  property  as- 
sessed in  fractional  districts,  composed  of  territory  in  adjoin- 
ing townships  or  counties,  such  valuation  shall  be  equalized 
for  this  specific  purpose  by  the  supervisors  of  the  townships 
interested  at  a  joint  meeting  held  for  that  purpose,  on  appli- 
cation of  either  of  the  supervisors  of  said  townships.  And 
such  supervisors  shall  respectively  ascertain  the  proportion 
of  such  taxes,  including  mill  tax,  to  be  placed  on  their  re- 
spective assessment  rolls,  according  to  the  amount  of  taxable 
property  in  each  part  of  such  district.  And  if  said  super-  in  cases  of 
visors  cannot  agree  as  to  the  proportion  of  such  taxes  to  be  o 


46 


STATE    OP   MICHIGAN. 


Statement  to 

township 

treasurer. 


Statement  to 
township 
treasurer  of 
one-mill  tax 
levied  in 
fractional 
district. 


placed  on  their  respective  assessment  rolls,  a  supervisor  from 
an  adjoining  township  shall  be  called  to  meet  with  said 
supervisors  in  said  fractional  district  and  assist  in  equaliz- 
ing said  valuation.  Said  supervisor  to  be  paid  at  the  rate 
of  three  dollars  per  diem  for  the  time  necessarily  employed 
in  attendance  at  such  meeting  of  the  supervisors,  and  all 
necessary  traveling  expenses,  by  the  townships  in  interest. 

(82)  §  4708.    SEC.  17.    The  supervisor,  on  delivery  of  the 
warrant  for  the  collection  of  taxes  to  the  township  treasurer, 
shall  also  deliver  to  said  treasurer  a  written  statement  of  the 
amount  of  school  and  library  taxes,  the  amount  raised  for 
district  purposes  on  the  taxable  property  of  each  district  in 
the  township,  the  amount  belonging  to  any  new  district  on 
the  division  of  the  former  district,  and  the  names  of  all  per- 
sons having  judgments  assessed  under  the  provisions  of  this 
act   upon    the   taxable   property    of   any   district,    with   the 
amount  payable  to  such  person  on  account  thereof. 

(83)  §  4709.     SEC.  18.    The  supervisor  of  each  township, 
on  the  delivery  of  the  warrant  for  the  collection  of  taxes  to 
the  township  treasurer,  shall  also  deliver  to  said  treasurer  a 
written  statement,  certified  by  him,  -of  the  amount  of  the  one- 
mill  tax  levied  upon  any  property  lying  within  the  bounds  of 
a  fractional  school  district,  a  part  of  which  is  situate  within 
his  township,  and  the  returns  of  which  are  made  to  the  clerk 
of  some    other    township;  and  the  said  township  treasurer 
shall  pay  to  the  township  treasurer  of  such  other  township 
the  amount  of  the  taxes  so  levied  and  certified  to  him  for  the 
use  of  such  fractional  school  district. 

(84)  §  4710.    SEC.  19.    Whenever  any  portion  of  a  school 
district  shall  be  set  off  and  annexed  to  any  other  district,  or 
organized  into  a  new  one,  after  a  tax  for  district  purposes 
other  than  the  payment  of  any  debts  of  the  district  shall 
have  been  levied  upon  the  taxable  property  thereof,  but  not 
collected,  such  tax  shall  be  collected  in  the  same  manner  as 
if  no  part  of  such  district  had  been  set  off,  and  the  said 
former  district,  and  the  district  to  which  the  portion  so  set 
off  may  be  annexed  or  the  new  district  organized  from  such 
portion,  shall  each  be  entitled   to    such    proportion    of   said 
tax  as  the  amount  of  taxable  property  in  each  part  thereof 
bears  to  the  whole  amount  of  taxable  property  on  which  such 
tax  is  levied. 

See  section  39  and  notes. 

(85)  §  4711.     SEC.  20.     The  township  treasurer  shall  re- 
tain in  his  hands,  out  of  the  moneys  collected  by  him,  after 
deducting  the  amount  of  tax  for  township  expenses,  the  full 
amount  of  the  school  taxes  on  the  assessment  roll,  and  hold 
the  same  subject  to  the  warrant  of  the  proper  district  officers, 
to  the  order  of  the  school  inspectors,  or  of  the  persons  en- 
titled thereto,    and    give  a  written  notice  to  the  township 
clerk  of  the  amount. 


Collection  and 
apportion- 
ment of  taxes 
on  division  of 
district. 


School  taxes, 
when  paid. 


GENERAL  SCHOOL  LAWS.  47 

SCHOOL  TAXES :  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be.  received. 
If  he  does  so  and  receipts  for  the  taxes,  he  must  make  good  the  amount. — 
Jones  v.  Wright,  34  /  372 ;  Sch.  Dist.  v.  Sch.  Dist.,  40  /  554.  See  Elliott  v. 
Miller,  8/132,  and  notes  to  section  2353,  C.  L.  1897.  The  liability  of  a 
township  treasurer  for  school  moneys  is  distinct  from  his  ordinary  liability 
for  township  moneys,  and  it  cannot  be  released  or  in  any  way  affected  by  the 
action  of  the  township  board. — Jones  v.  Wright,  34  /  372.  As  to  the  custody, 
etc.,  of  school  district  moneys,  see  notes  to  section  67,  subd.  4,  and  section 
72,  subd.  1,  2. 

Liability  of  township  to  Sch.  Dist.,  section  3914,  C.  L.  1897,  provides  that 
all  losses  that  may  be  sustained  by  the  default  of  any  township  officer  in  the 
discharge  of  any  duty  imposed  by  the  act  shall  be  chargeable  to  the  town- 
ship. The  act  charges  the  township  treasurer  with  the  duty  of  collecting 
and  paying  over  all  school  district  taxes.  Held,  that  a  township  is  liable 
to  a  school  district  for  school  moneys  lost  through  the  defalcation  of  the 
township  treasurer. — Smith  v.  Jones,  136/532.  Designating  depository  for 
township  funds,  see  Act  305,  P.  A.  1909. 

(86)  §    4712.     SEC.   21.     The   township   treasurer   shall.. Township 

f  '  .  ,        , .  ,        ,        ,,  »  ,,  treasurer  to 

from  time  to  time,  apply  to  the  county    treasurer    for  all  appiy  to 
school  and  library  moneys  belonging  to  his  township,  or  the  treasurer  for 
districts  thereof;  and  on  receipt  of  the  moneys  to  be  appor-  moneys, 
tioned  to  the  districts,  he  shall  notify  the  township  clerk  of 
the  amount  to  be  apportioned. 

(87)  §  4713.     SEC.  22.    Each  treasurer  of  a  township  to  Moneys  of 
the  clerk  of  which  the  returns  of  any  fractional-  school  dis-  g^oi nal 
trict  shall  be  made,  shall  apply  to  the  treasurer  of  any  other  districts, 
township  in  which  any  part  of  such  fractional  school  district 

may  be  situated,  for  any  money  to  which  such  district  may 
be  entitled;  and  the  treasurer  paying  over  the  same  shall 
take  a  receipt  therefor  in  duplicate,  one  copy  of  which  he 
shall  file  in  his  office,  and  the  other  copy  he  shall  send  by 
mail,  or  deliver  personally,  to  the  clerk  of  the  township  to 
the  treasurer  of  which  he  had  paid  any  moneys  on  account 
of  a  fractional  school  district,  which  shall  be  specified  in  the 
receipt;  on  receiving  the  duplicate  receipt,  the  clerk  shall 
charge  the  sum  named  therein  to  the  township  treasurer, 
and  apportion  the  same  as  are  other  taxes  for  school  pur- 
poses. 

Am.  1913,  Act  307. 


CHAPTER  V. 

COUNTY  CLERK  AND  TREASURER. 

(88)  §  4714.     SECTION  1.     It  shall  be  the  duty  of  each 
county  clerk  to  receive  all  such  communications,  blanks,  and 
documents  as  may  be  directed  to  him  by  the  superintendent 
of  public  instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(89)  §  4715.     SEC.  2.    The  clerk  of  each  county  shall,  on  county  clerk 
receiving  from  the  secretary  of  the  county  board  of  school  ex-  Jep?rt™etc. 
aminers  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.     On  receiving  notice  Notice  of 

-  .,  niT«  .•  /•  ji     '  j.  apportionment 

from  the  superintendent  of  public  instruction  of  the  amount  Of  moneys. 
of  moneys  apportioned  to  the  several  townships  in  his  county 


48 


STATE    OF    MICHIGAN. 


he  shall  file  the  same  in  his  office,  and  forthwith  deliver  a 
copy  thereof  to  the  county  treasurer. 

(90)  §  4716.  SEC.  3.  The  several  county  treasurers 
shall  apply  for  and  receive  such  moneys  as  shall  have  been 
apportioned  to  their  respective  counties,  when  the  same  shall 
become  due;  and  each  of  said  treasurers  shall  immediately 
give  notice  to  the  treasurer  and  clerk  of  each  township  in  his 
county,  of  the  amount  of  school  moneys  apportioned  to  his 
township,  and  shall  hold  the  same  subject  to  the  order  of  the 
township  treasurer. 


County  treas- 
urer to  apply 
for  moneys 
apportioned. 

To  notify 
township 
clerks  of 
amounts. 


School 
district  may 
borrow 
money,  etc. 


flow  raised. 


Proviso, 
limit. 


Further 
proviso, 
board  of 
inspectors. 


CHAPTER  VI. 

BONDED  INDEBTEDNESS  OF  DISTRICTS. 

(91)  §  4717.  SECTION  1.  Any  school  district  may,  by  a  ma- 
jority vote  of  the  qualified  voters  of  said  district  present  at 
an  annual  meeting  or  at  a  special  meeting  called  for  that 
purpose,  borrow  money,  and  may  issue  bonds  of  the  district 
therefor,  to  pay  for  a  school-house  site  or  sites,  and  to  erect 
and  furnish  school  buildings.  The  district  board,  or  board 
of  education,  shall  estimate  the  amount  of  money  necessary 
to  be  raised  and  shall  state  their  estimate  in  the  notices 
of  the  annual  or  special  meeting,  at  which  the  question  of 
borrowing  money  and  issuing  bonds  shall  be  submitted  to 
the  people;  and  at  said  meeting  the  voters  shall  have  power 
to  ratify  by  vote. aforesaid  the  estimate  of  the  district  board, 
or  board  of  education,  or  to  fix  a  new  limit  on  the  amount 
to  be  borrowed  and  for  which  bonds  may  be  issued:  Pro- 
vided, That  no  school  district  shall  issue  bonds  for  an 
amount  greater  than  ten  per  cent  of  the  total  assessed  valua- 
tion of  said  district  nor  shall  the  bonded  indebtedness  of  a 
district  extend  beyond  the  period  of  fifteen  years  for  money 
borrowed:  Provided  further,  That  in  all  proceedings  under 
this  section,  the  district  board  and  one  person  selected  by 
the  qualified  voters  present  at  said  meeting  shall  constitute 
a  board  of  inspectors,  who  shall  cause  a  poll  list  to  be  kept 
and  a  suitable  ballot  box  to  be  used,  and  the  polls  shall  be 
kept  open  at  least  two  hours.  The  votes  shall  be  by  ballot, 
either  printed  or  written,  or  party  printed  and  partly  writ- 
ten, and  the  canvass  of  the  same  shall  be  conducted  in  the 
same  manner  as  at  township  elections,  or  as  far  as  the  laws 
governing  the  same  are  applicable,  and  when  said  laws  are 
not  applicable  the  board  of  inspectors  shall  prescribe  the 
manner  in  which  the  canvass  shall  be  conducted. 

Am.  1899,  Act  190;  1901,  Act  165;  1905,  Act  270;  1907,  Act  256;  1911, 
Act  12  ;  1913,  Act  53. 

BONDS  :  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal 
limit. — Stockdale  v.  Sch.  Dist,  47/226.  The  purchaser  of  a  school  district 
bond  has  a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face 
of  the  bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon 
and  determine  the  facts. — Gibbs  v.  Sch.  Dist.,  88/336.  Detaching  a  portion 
of  a  district  and  organizing  it  into  or  with  another  township. — People  v. 


GENERAL  SCHOOL  LAWS.  49 


Ryan,  19  /  203.  The  act  of  the  legislature  in  detaching  a  part  of  the  terri- 
tory of  a  township  and  erecting  therefrom  a  new  township,  of  another  name 
does  not  have  the  effect  of  putting  an  end  to  the  school  district  organizations 
in  the  detached  territory,  and  the  holder  of  bonds  issued  thereafter  by  a 
district  in  such  territory  may  recover  thereon  notwithstanding  a  subsequent 
reorganization  of  the  district. — Wayne  Co.  Svgs.  Bank  v.  School  District, 
152  /  440.  The  provisions  of  the  general  school  law  govern  the  school  district 
of  Traverse  City,  organized  under  special  act,  when  not  inconsistent  with  the 
provisions  of  the  special  act,  and  the  limit  of  bonded  indebtedness  fixed  in  this 
section  is  applicable  to  said  city. — Bd.  of  Ed.  of  Traverse  City  v.  Straub,  182  / 
665. 

(92)     §  4718.     SEC.  2.    Whenever  any  school  district  shall  issuing  bondo 
have  voted  to  borrow  any  sum  of  money,  the  district  board  borrowed7 
of  such  district  is  hereby  authorized  to  issue  the  bonds  of 
such  district,  in  such  form,  and  executed  in  such  manner  by 
the  moderator  and   director   of   such   district,    and   in   such 
sums,  not  less  than  fifty  dollars,  as  such  district  board  shall 
direct,  and  with  such  rate  of  interest,  not  exceeding  eight  per  interest 
centum  per  annum,  and  payable  at  such  time  or  times  as  the  thei>eon. 
said  district  shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district ;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will  author- 
ize the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore,  need  look 
no  further  back  than  the  face  of  the  bonds  for  the  facts  which  show  a  com- 
pliance with  the  law. — Gibbs  v.  Sch.  Dist.,  88/337. 


(93)      §   4719.     SEC.  3.     Whenever  any  money  shall  have  voters  may 

raise  tax  to 
redeem  bonds. 


been  borrowed  by  any  school  district,  the  taxable  inhabitants  EJaJLjJ^46 


of  such  district  are  hereby  authorized,  at  any  regular  meet- 
ing of  such  district,  to  impose  a  tax  on  the  taxable  property 
in  such  district,  for  the  purpose  of  paying  the  principal  thus 
borrowed,  or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  col- 
lected. 

(94)      §  4720.     SEC.  4.     Any    school  district,    whenever  it  District  may 
shall  appear  that  the  same  can  be  done  on  terms  advantage-  to  "aJbomJsT 
ous  to  said  district,  may  borrow  money  to  pav  any  bonded  and  issue 

.,-,.,.,  .    ..  -i    •  c      ,i         further  bonds. 

indebtedness  of  said  district  then  existing,  and  issue  lurcher 
bonds  of  said  district  therefor:  Provided,  That  a  majority  proviso, 
of  the  qualified  voters  of  said  district  shall  so  determine,  at 
an  annual  or  special  meeting  called  for  that  purpose;  and 
that  the  notice  of  such  meeting,  whether  annual  or  special, 
shall  state  the  intention  to  take  such  vote. 


CHAPTER  VII. 

SUITS  AND   JUDGMENTS  AGAINST  DISTRICTS. 

(95)     SECTION  2.     Justices  of  the  peace  shall  have  juris-  jugtices  to 
diction  in  all  cases  of  assumpsit,  trespass  on  the  case  and  ^Sio^in 
replevin  against  school  districts,  when  the  amount  claimed,  certain  cases. 
or  matter  in  controversy  shall  not  exceed  one  hundred  dol- 
lars; and  the  parties  shall  have  the  same  right  of  appeal  as 
in  other  cases. 


50 


STATE    OF    MICHIGAN. 


Service  of 
process. 


This  is  section  2,  chapter  76,  of  the  judicature  act  of  1915,  effective  Jan  1 
1916,  which  repeals  C.  L.  §  §  4721  and  4722.  See  act  314  of  19.15,  pp.  425,  480. 

As  to  corporate  powers,  etc.,  see  note  to  section  33.  Liability  for  debts 
after  changes  made  in  districts. — See  sections  38-39  and  notes.  Action  of 
one  district  against  another  for  money  had  and  received. — Sch.  Dist.  v.  Sch 
Dist.,  40  /  551.  Andreas  v.  School  District,  138  /  54. 

(96)  SEC.  35.  In  suits  or  proceedings  against  municipal 
and  public  corporations  *  *  *  service  of  process  may  be  made 
as  follows: 


6.  Against  school  districts,  upon  the  president  of  the 
board  of  education,  director,  moderator  or  treasurer  of  such 
district. 


School 
district. 


Treasurer 
to  certify 
judgment. 


When  treas- 
urer fails  to 
certify. 


This  is  section   35   of   the  judicature   act   of   1915.      See   Act   314   of   1915, 
pp.  84,  480,  repealing  C.  L.  §  4722. 

(97)  SEC.  8.     No  execution  shall  issue  on  any  judgment 
against  a  school  district,  nor  shall  any  suit  be  brought  there- 
on, but  the  same  shall  be  collected  in  the  manner  prescribed 
in  this  chapter. 

Sections  8-12  are  taken  from  the  judicature  act  of  1915,   chapter  24.     See 
Act  314  of  1915,  p.  187,  superseding  C.  L.  §  4723. 

(98)  SEC.  9.     Whenever  any  final  judgment  shall  be  ob- 
tained against  the  school  district,  if  the  same  shall  not  be 
removed  to  any   other  court,   the  treasurer  of  the  district 
shall  certify  to  the  supervisor  of  the  township  and  to  the 
director  of  the  district  the  date  and  amount  of  such  judg- 
ment, with  the  name  of  the  person  in  whose  favor  the  same 
was  rendered,  and  if  the  judgment  shall  be  removed  to  an- 
other court,  the  treasurer  shall  certify  the  same  as  aforesaid, 
immediately  after  the  final  determination  thereof  against  the 
district. 

See  Act  314,  of  1915,  p.  187,  superseding  C.  L.  §  4724. 

(99)  SEC.  10.     If  the  treasurer  shall  fail  to  certify  the 
judgment  as  required  in  the  preceding  section,  it  shall  be 
lawful  for  the  party  obtaining  the  same,  his  executors,  ad- 
ministrators, or  assigns,  to  file  with  the  supervisor  the  certi- 
ficate of  the  justice  or  clerk  of  the  court  rendering  the  judg- 
ment, showing  the  facts  which  should  have  been  certified  by 
the  treasurer. 

See  Act  314,  of  1915,  p.  187,  superseding  C.  L.  §  4725. 


Fractional 
school 

district. 


(100)  SEC.  11.  If  the  district  against  which  any  such 
judgment  shall  be  rendered  is  situated  in  part  in  two  or 
more  townships,  a  certificate  thereof  shall  be  delivered  as 
aforesaid  to  the  supervisor  of  each  township  in  which  such 
district  is  in  part  situated. 

See  Act  314,  of  1915,  p.  187,  superseding  C.  L.  §  4726. 


GENERAL  SCHOOL  LAWS.  51 

(101)     SEC.  12.     The  supervisor  or  supervisors    receiving  supervisor 
either  of  the  certificates  of  a  judgment  as  aforesaid  shall  }SdgSment. 
proceed   to   assess   the   amount   thereof,  with   interest  from 
the  date  of  the  judgment  to  the  time  when  the  warrant  for 
the  collection  thereof  will  expire,  upon  the  taxable  property 
of  the  district,  placing  the  same  on  the  next  township  assess- 
ment roll  in  the  column  for  school  taxes;  and  the  same  pro^How  collected 
ceedings  shall  be  had,  and  the  same  shall  be  collected  and  ai 
returned  in  the  same  manner  as  other  district  taxes. 

See  Act  314,  of  1915,  p.  187,  superseding  C.  L.  §  4727. 


CHAPTER  VIII. 

SITES    FOB    SCHOOLHOTJSES. 

(102)  §  4728.     SECTION  1.     The  qualified    voters    of    any  sites  for 
school  district,  when  lawfully  assembled  may  designate  by  a  now°desig-es> 
vote  of  two-thirds  of  those  present,  such  number  of  sites  as  nated« etc- 
may  be  desired  for  schoolhouses  and  may  change  the  same  by 
similar  vote  at  any  annual  or  special  meeting,  or  by  the  same 

vote  may  enlarge  any  existing  site.   Whenever  the  question  of  Notice  of 
designating  a  school  site  or  of  changing  a  school  site  is  to  be  meetins- 
brought  before  the  school  meeting,  the  notice  of  said  meeting 
shall  state  the  intention  to  vote  upon  such  question.     When  when  in- 
no  site  can  be  established  by  such  inhabitants  as  aforesaid,  S^te? may 
the  school  inspectors  of  the  township  or  townships  in  which 
the  district  is  situated,  upon  notification  by  the  district  board* 
that  the  district  is  unable  to  fix  a  site,  shall  determine  where 
such  site  shall  be,  and  their  determination  shall  be  certified  to 
the  director  of  the  district  and  shall  be  final,  subject  to  alter- 
ation afterwards  by  the  inspectors,  on  the  written  request  of 
two-thirds  of  the  qualified  voters  of  the  district,  or  by  two- 
thirds  of  the  qualified  voters  agreeing  upon  a  site  at  a  dis- 
trict meeting  lawfully  called. 

Am.  1903,  Act  182  ;  1905,  Act  75. 

NO  SITE  ESTABLISHED:  It  is  only  when  the  inhabitants  cannot  agree 
in  establishing  any  site  at  all,  that  the  Inspectors  are  allowed  to  fix  one. — 
Andress  v.  Inspectors,  19  /  332. 

TOWNSHIP  BOARD:  Powers  and  duties  formerly  given  to  school  In- 
spectors now  vest  in  township  board. 

NOTICE :  The  amendment  of  1905  requires  that  notice  of  intention  to  vote 
on  a  change  of  site  must  be  given  before  the  question  may  be  passed  on  at  an 
annual  meeting. — Calkins  v.  Rice,  170/234.  Insufficient  notice. — Id. 

(103)  §  4729.    SEC.  2.    Whenever  a  site  for  a  schoolhouse  wfcen^com- 
shall  be  designated,  determined,  established  or  enlarged  in  Fornsftelon 
any  manner  provided  by  law,  in  any    school    district,    and  bytj5yine(3 
whenever  a  site  for  a  schoolhouse  shall  be  designated,  de- 
termined, established,  or  enlarged  by  resolution  of  any  board 

of  education  of  any  city  and  such  board  of  education  or  such 
school  district  shall  be  unable  to  agree  with  the  owner  or 
owners  of  such  site  upon  the  compensation  to  be  paid  there- 
for, or  for  the  land  to  enlarge  the  same,  or  in  case  such  board 


52 


STATE    OF    MICHIGAN. 


of  education  or  such  district  shall,  by  reason  of  any  imper- 
fection in  the  title  to  said  site,  or  land  to  be  added  thereto, 
arising  either  from  break  in  the  chain  of  title,  tax  sale, 
mortgages,  levies,  or  any  other  cause,  be  unable  to  procure  a 
perfect,  unincumbered  title  in  fee  simple  to  said  site,  or  land 
for  the  enlargement  thereof,  the  board  of  education  or  the 
district  board  of  such  district  shall  authorize  one  or  more  of 
its  members  to  apply  to  the  circuit  judge,  if  there  be  one  in 
the  county,  or  to  a  circuit  court  commissioner  of  the  county, 
or  to  any  justice  of  the  peace  of  the  city  or  township  in 
which  such  school  district  shall  be  situated,  for  a  jury  to  as- 
certain and  determine  the  just  compensation  to  be  made  for 
the  real  estate  required  by  such  school  district  for  such  site, 
or  for  the  enlargement  thereof  and  the  necessity  for  using  the 
same,  which  application  shall  be  in  writing,  and  shall  describe 
the  real  estate  required  by  such  board  of  education  or  by 
such  district  as  accurately  as  is  required  in  a  conveyance  of 
real  estate:  Provided,  That  whenever  any  school  district 
shall  have  designated,  selected  or  established  in  any  manner 
provided  by  law  and  whenever  the  board  of  education  of  any 
city  shall  have  designated,  selected  or  established  by  resolu- 
tion a  schoolhouse  site  or  land  for  the  enlargement  thereof 
such  selection,  designation  or  establishment  shall  be  prima 
facie  evidence  to  said  jury  of  the  necessity  to  use  the  site 
so  established. 


Proviso. 


When  jury 
to  be  sum- 
moned. 


Owner  to 
be  notified. 


Am.  1903,  Act  182  ;  1909,  Act  232. 

CONDEMNATION:  The  jurisdiction  to  condemn  lands  for  a  schoolhouse 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. — • 
Smith  v.  Sch.  Dist.,  40  / 145.  Proceedings  to  condemn  land  for  a  school- 
house  site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown 
by  the  records. — Heck  v.  Sch.  Dist.,  49  /  551.  For  the  constitutional  ques- 
tions involved  in  the  taking  of  private  property  for  public  use,  see  Const., 
Art.  XIII. 

(104)  §  4730.  SEC.  3.  It  shall  be  the  duty  of  such  cir- 
cuit judge,  circuit  court  commissioner,  or  justice  of  the 
peace,  upon  such  application  being  made  to  him,  to  issue  a 
summons  or  venire,  directed  to  the  sheriff  or  any  constable 
of  the  county,  commanding  him  to  summon  eighteen  free- 
holders residing  in  the  vicinity  of  such  site,  who  are  in  nowise 
of  kin  to  the  owner  of  such  real  estate,  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner,  or  justice, 
at  the  time  and  place  therein  named,  not  less  than  twenty 
nor  more  than  fifty  days  from  the  time  of  issuing  such  sum- 
mons or  venire,  as  a  jury  to  ascertain  and  determine  the  just 
compensation  to  be  made  for  the  real  estate  required  by  such 
school  district  for  such  site,  or  for  the  enlargement  thereof, 
and  the  necessity  for  using  the  same,  and  to  notify  the  owner 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the 
county,  of  the  time  when  and  the  place  where  such  jury  is 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days 


GENERAL  SCHOOL  LAWS.  53 

before  the  time  specified  in  such  summons  or  venire  for  the 
jury  to  appear  as  hereinbefore  mentioned. 

Am.   1903,   Act  182. 

(105)  §  4731.  SEC.  4.  Thirty  days  previous  notice  of  Notice  in 
the  time  when  and  the  place  where  such  jury  will  assemble  ?saSunSown. 
shall  be  given  by  the  district  board  of  such  district,  where 
the  owner  or  owners  of  such  real  estate  shall  be  unknown;  — 
non-residents  of  the  county,  minors,  insane,  non  compos  men- 
tis, or  inmates  of  any  prison,  by  publishing  the'  same  in  a 
newspaper  published  in  the  county  where  such  real  estate  is 
situated;  or  if  there  be  no  newspaper  published  in  such 
county,  then  in  some  newspaper  published  in  the  nearest 
county  where  a  newspaper  is  published,  once  in  each  week 
for  four  successive  weeks,  which  notice  shall  be  signed  by  the 
district  board  or  by  the  director  or  treasurer  of  such  dis- 
trict, and  shall  describe  the  real  estate  required  for  such  site, 
or  for  the  enlargement  thereof,  and  state  the  time  when  and 
place  where  such  jury  will  assemble,  and  the  object  for  which 
they  will  assemble;  or  such  notice  may  be  served  on  such 
owner  personally,  or  by  leaving  a  copy  thereof  at  his  last 
place  of  residence. 

Am.  1903,  Acts  49,  182. 


(106)  §  4732.  SEC.  5.  It  shall  be  the  duty  of  such  judge, 
commissioner,  or  justice,  and  of  the  persons  summoned  as  proceedings 
jurors,  as  hereinbefore  provided,  and  of  the  sheriff  or  con-  thereon- 
stable  summoning  them,  to  attend  at  the  time  and  place 
specified  in  such  summons  or  venire  ;  and  the  officer  who  sum- 
moned the  jury  shall  return  such  summons  or  venire  to  the 
officer  who  issued  the  same,  with  the  names  of  the  persons 
summoned  by  him  as  jurors,  and  shall  certify  the  manner  of 
notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found;  and  if  he  could  not  be  found  in  said  county,  he  shall 
certify  that  fact.  Either  party  may  challenge  any  of  the 
said  jurors  for  the  same  causes  as  in  civil  actions.  If  more 
than  twelve  of  said  jurors  in  attendance  shall  be  found  quali- 
fied to  serve  as  jurors,  the  officer  in  attendance,  and  who 
issued  the  summons  or  venire  for  such  jury,  shall  strike  from 
the  list  of  jurors  a  number  sufficient  to  reduce  the  number  of 
jurors  in  attendance  to  twelve;  and  in  case  less  than  twelve 
of  the  number  so  summoned  as  jurors  shall  attend,  the  sheriff 
or  constable  shall  summon  a  sufficient  number  of  freeholders 
to  make  up  the  number  of  twelve;  and  the  officer  issuing 
the  summons  or  venire  for  such  jury,  may  issue  an  attach-  Attachment 
ment  for  any  person  summoned  as  a  juror  who  shall  fail  to 
attend,  and  may  enforce  obedience  to  such  summons,  venire, 
or  attachment,  as  courts  of  record,  or  justices'  courts  are  au- 
thorized to  do  in  civil  cases. 

A  party  present,  or  represented,  at  the  empaneling  of  the  jury  will  be 
deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then.  — 
Smith  v.  School  Dist.,  40  /  143. 


54 


STATE    OF    MICHIGAN. 


Jury  to  be 
sworn. 


Subpoenas, 
witnesses. 


What  jury 
to  ascertain. 


(107)  §  4733.     SEC.   6.     The  twelve  persons  selected  as 
the  jury  shall  be  duly  sworn  by  the  judge,  commissioner,  or 
justice  in  attendance,  faithfully  and  impartially  to  inquire, 
ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such 
site,  or  for  the  enlargement  thereof,  and  the  necessity  for 
using  the  same  in  the  manner  proposed  by  such  school  dis- 
trict; and  the  persons  thus  sworn  shall  constitute  the  jury 
in  such  case.     Subpoenas  for  witnesses  may  be  issued,  and 
their  attendance  compelled  by  such  circuit  judge,  commis- 
sioner or  justice  in  the  same  manner  as  may  be  done  by  the 
circuit  court  or  by  a  justice's  court  in  civil  cases.    The  jury 
may  visit  and  examine  the  premises,  and  from  such  examina- 
tion and  such  other  evidences  as  may  be  presented  before 
them,  shall  ascertain  and  determine  the  necessity  for  using 
such  real  estate  in  the  manner  and  for  the  purpose  proposed 
by  such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  pur- 
pose proposed  by  such  school  district,  they  shall  sign  a  certifi- 
cate in  writing  stating  that  it  is  necessary  that  said  real 
estate,  describing  it,  should  be  used  as  a  site  for  a  schoolhouse 
for  such  district,  or  to  enlarge  its  existing  site;  also  stating 
the  sum  to  be  paid  by  such  school  district  as  the  just  com- 
pensation for  the  same.    The  said  circuit  judge,  circuit  court 
commissioner,  or  justice  of  the  peace,  shall  sign  and  attach 
to,  and  indorse  upon  the  certificate  thus  subscribed  by  the 
said  jurors,  a  certificate  stating  the  time  when  and  the  place 
where  the  said  jury  assembled,  that  they  were  by  him  duly 
sworn  as  herein  required,  and  that  they  subscribed  the  said 
certificate.     He  shall  also  state  in  such  certificate  who  ap- 
peared for  the  respective  parties  on  such  hearing  and  inquiry, 
and  shall  deliver  such  certificates  to  the  director,  or  to  any 
member  of  the  district  board  of  such  school  district. 

Am.  1903,  Act  182. 

(108)  §  4734.     SEC.  7.     Upon  filing  such  certificates  in 
the  circuit  court  of  the  county  where  such  real  estate  is  situ- 
ated, such  court  shall,  if  it  finds  all  the  proceedings  regular, 
render  judgment    for    the    sum    specified  in  the  certificate 
signed  by  such  jury,   against  such    school    district,    which 
judgment  shall  be  collected  and  paid  in  the  manner  as  other 
judgments  against  school  districts  are  collected  and  paid. 

Smith  v.  Sch.  Dlst.,  40  / 143.  Mandamus  will  not  He  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemna- 
tion of  a  site  were  Irregular  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due. — Sch.  Dlst.  v.  Judge,  49  /  432. 

when  owner  (109)  §  4735.  SEC.  8.  In  case  the  owner  of  such  real 
Ac.,  money'  estate  shall  be  unknown,  insane,  non  compos  mentis,  or  an 
witif  couStyed  infant,  or  cannot  be  found  within  such  county,  it  shall  be  law- 
treasurer. 


Court  to 
attach  cer- 
tificate. 


Collection  of 
judgment. 


GENERAL    SCHOOL   LAWS.  55 

ful  for  the  said  school  district  to  deposit  the  amount  of  such 

judgment  with  the  county  treasurer  of  such  county,  for  the 

use  of  the  person  or  persons  entitled  thereto;  and  it  shall  be 

the  duty  of  such  county  treasurer  to  receive  such  money,  and 

at  the  time  of  receiving  it,  to  give  a  receipt  or  certificate  to 

the  person  depositing  the  same  with  him,  stating  the  time 

when  such  deposit  was  made,  and  for  what  purpose  ;  and  such 

county  treasurer  and  his  sureties  shall  be  liable  -on  his  bond 

for  any  money  which  shall  come  into  his  hands  under  the 

provisions  of  this  act,  in  case  he  shall  refuse  to  pay  or  ac- 

count for  the  same,  as  herein  required  :     Provided,  That  no  Proviso,  how 

such  money  shall  be  drawn  from  such  county  treasurer,  ex-  drawn 


cept  upon  an  order  of  the  circuit  court,  circuit  court  commis- 
sioner,  or  judge  of  probate,  as  hereinafter  provided. 

(110)  §  4736.  SEC.  9.  Upon  satisfactory  evidence  being 
presented  to  the  circuit  court  of  the  county  where  such  real  £  district 
estate  lies,  that  such  judgment,  or  the  sum  ascertained  and 
determined  by  the  jury  as  the  just  compensation  to  be  paid 
by  such  district  for  such  site,  or  for  such  addition  to  its  site, 
has  been  paid,  or  that  the  amount  thereof  has  been  deposited 
according  to  the  provisions  of  the  preceding  sections,  such 
court  shall,  by  an  order  or  decree,  adjudge  and  determine 
that  the  title  in  fee  of  such  real  estate  shall,  from  the  time  of 
making  such  payment  or  deposit,  forever  thereafter  be  vested 
in  such  school  district  and  its  successors  and  assigns,  and 
shall,  in  and  by  such  order  or  decree,  award  to  such  school 
district  a  writ  of  possession  for  the  recovery  of  the  posses- 
sion of  such  real  estate  ;  a  copy  of  which  order  or  decree,  certi- 
fied by  the  clerk  of  said  county,  shall  be  recorded  in  the  office 
of  the  register  of  deeds  of  such  county,  and  the  title  of  such 
real  estate  shall  thenceforth,  from  the  time  of  making  such 
payment  or  deposit,  be  vested  forever  thereafter  in  such 
school  district  and  its  successors  and  assigns  in  fee. 

Am.  1903,  Act  182. 


(Ill)     §  4737.    SEC.  10.    Such  school  district  may,  at  any 
time  after  making  the  payment  or  deposit  hereinbefore  re-  possession. 
quired,  enter  upon  and  take  possession  of  such  real  estate 
for  the  use  of  said  district.    And  it  shall  be  the  duty  of  the 
county  clerk  of  said  county,  on  the  request  of  said  school  dis-  issued  by 
trict,  to  issue  out  of  and  under  the  seal  of  the  circuit  court  toUsheriff.er 
of  said  county  a  writ  of  possession  as  awarded  in  such  order 
or  decree;  which  writ  shall  be  directed  to  the  sheriff  of  said 
county,  and  shall  be  tested  and  made  returnable,  and  shall  be 
substantially,  so  far  as  may  be,  in  the  same  form  provided  for 
writs  of  possession  in  actions  of  ejectment;  and  it  shall  be 
the  duty  of  such  sheriff  thereupon  to  remove  the  respondent  sheriff  to 
or  respondents  in  such  proceedings,  and  all  persons  holding  respondent. 
under  them  or  either  of  them,  from  the  real  estate  described 
in  such  decree  and  in  such  writ,  and  deliver  the  possession 
thereof  with  the  appurtenances  to  such  school  district. 


56 


STATE    OF    MICHIGAN. 


When  jury 


three  months, 


Proceedings 

property  is 
encumbered, 


(112)  §  4738.  SEC.  11.  In  case  the  jury  hereinbefore 
provided  for  shall  not  agree,  another  jury  may  be  summoned 
in  the  same  manner,  and  the  same  proceedings  may  be  had, 
except  that  no  further  notice  of  the  proceedings  shall  be  nec- 
essary; but  instead  of  such  notice,  the  judge,  commissioner, 
or  justice  may  adjourn  the  proceedings  to  such  time  as  he 
shall  think  reasonable,  not  exceeding  thirty  days,  and  shall 
make  the  process  to  summon  a  jury  returnable  at  such  time 
and  place  as  the  said  proceedings  shall  be  adjourned  to. 
^uc^  Proceedings  may  be  adjourned  from  time  to  time  by  the 
said  judge,  or  commissioner,  or  justice,  on  the  application  of 
either  party,  and  for  good  cause,  to  be  shown  by  the  party 
applying  for  such  adjournment,  unless  the  other  party  shall 
consent  to  such  adjournment;  but  such  adjournments  shall 
not  in  all  exceed  three  months. 

(H3)  §  4739.  SEC.  12.  In  case  the  said  schoolhouse 
s^e>  or  ^an(^  required  to  enlarge  the  same,  is  encumbered  by 
mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mort- 
gagee, or  other  parties  claiming  to  be  interested  in  said  title 
shall  severally  be  made  a  party  to  the  procedure  as  afore- 
said, and  shall  be  authorized  upon  the  filing  of  the  certificate 
of  the  jury  in  the  circuit  court  of  said  county,  to  appear  be- 
fore the  circuit  judge  and  make  proof  relative  to  their  pro- 
portionate claims  to  the  said  site,  or  the  compensation  to  be 
made  therefor,  as  determined  by  said  jury.  And  the  said  cir- 
cuit judge  shall,  by  decree,  settle  their  several  claims  in  ac- 
cordance with  the  rights  of  the  parties  respectively,  and  may 
divide  the  sum  awarded  by  said  jury  between  the  claimants 
as  in  his  judgment  will  be  equitable  and  right,  rendering 
against  said  district  a  separate  judgment  for  each  of  the 
amounts  so  awarded. 

Am.  1903,  Act  182. 

HOW  money  (114)  §  4740.  SEC.  13.  The  circuit  judge,  judge  of  pro- 
counfye?reas-h  bate,  or  circuit  court  commissioner  of  any  county  where  any 
dfawnlaybe  money  nas  been  deposited  with  the  county  treasurer  of  such 
county,  as  hereinbefore  provided,  shall,  upon  the  written  ap- 
plication of  any  person  or  persons  entitled  to  such  money, 
and  upon  receiving  satisfactory  evidence  of  the  right  of  such 
applicant  to  the  money  thus  deposited,  make  an  order,  direct- 
ing the  county  treasurer  to  pay  the  money  thus  deposited 
with  him  to  said  applicant;  and  it  shall  be  the  duty  of  such 
county  treasurer,  on  the  presentation  of  such  order,  with  the 
receipt  of  the  person  named  therein,  indorsed  on  said  order 
and  duly  acknowledged,  in  the  same  manner  as  conveyances 
of  real  estate  are  required  to  be  acknowledged,  to  pay  the 
same;  and  such  order,  with  the  receipt  of  the  applicant  or 
person  in  whose  favor  the  same  shall  be  drawn,  shall,  in  all 
courts  and  places,  be  presumptive  evidence  in  favor  of  such 
county  treasurer,  to  exonerate  him  from  all  liability  to  any 
person  or  persons  for  said  money  thus  paid  by  him. 


GENERAL  SCHOOL  LAWS.  57 

(115)  §  4741.     SEC.  14.     Circuit    judges,     circuit    court  compensation 
commissioners,  and  justices  of  the   peace,    for    any    services  £tc??onrs' 
rendered  under  the  provisions  of  this  act,  shall  be  entitled  to  proceedings. 
the  same  fees  and   compensation  as  for  similar  services  in 

other  special  proceedings.  Jurors,  constables,  and  sheriffs 
shall  be  entitled  to  the  same  fees  as  for  like  services  in  civil 
cases  in  the  circuit  court. 

(116)  §  4742.     SEC.  15.     In  case  any  circuit  judge,  cir-  when  judge, 
cuit  court  commissioner,  or  justice  of  the  peace,  who  shall  toCattSSle 
issue  a  summons   or  venire  for  a  jury,   shall   be  unable  to  g£J§J prr™ay 
attend  to  any  of  the  subsequent  proceedings  in  such  case,  any  ceedings. 
other  circuit  court  commissioner  or  justice  of  the  peace  may 

attend  and  finish  said  proceedings. 


CHAPTER  IX. 

APPEALS   FROM   ACTION   OF   TOWNSHIP   BOARD. 

(117)      §   4743.     SECTION  1.     Whenever  any  five  or  more  Appeal,  how 
tax   paying   electors  having   taxable    property    within     any  m 

school  district  shall  feel  themselves  aggrieved  by  any  action, 
order  or  decision  of  the  township  board  or  joint  boards  with 
reference  to  the  formation  or  any  division  or  consolidation  of 
said  school  district,  they  may,  at  any  time  within  sixty  days 
from  the  time  of  such  action  on  the  part  of  said  board,  ap- 
peal from  such  action,  order  or  decision  of  said  board  to  the 
county  commissioner  of  schools  and  a  circuit  court  commis- 
sioner of  the  county  in  which  such  school  district  is  situated. 
The  county  commissioner  of  schools  and  circuit  court  com-  Board  of 
missioner  shall   constitute  a  board  of  appeals  for  all   such  5§£>etl>Sl 
cases  and   shall  be  entitled  to  the  usual   fees  provided  by  constitute, 
statute   for   circuit    court   commissioner.      When    an    appeal 
shall  be  filed  with  the  board  of  appeals  herein  provided  for, 
said  board  shall  serve  notice  on  the  clerk  of  the  township 
board  or  the  clerks  of  the  joint  boards  who  have  made  the  de- 
cision appealed  from,  and  said  clerk  or  clerks  shall  notify  the 
several  members  of  such  board  of  such  appeal.   The  notice  to  Notice  to 
the  clerk  and  township  board  shall  state  the  day  and  hour  cSScfwEa 
when  such  appeal  will  be  heard,  and  it  shall  be  the  duty  of  to  state. 
said  board  of  appeals  to  review,  confirm,  set  aside  or  amend 
the  action,  order  or  decision  of  the  township  board  or  boards 
thus  appealed  from;  or  if  in  its  opinion  the  appeal  is  frivol- 
ous or  without  sufficient  cause  it  may  summarily  dismiss  the 
same. 

Am.   1909,  Act  31. 

ACTION  OF  INSPECTORS :  The  board  of  inspectors  act  in  the  exercise 
of  a  public  discretionary  power  in  creating  or  changing  districts,  which  can 
be  reviewed,  if  at  all,  only  by  some  direct  appellate  process  which  operates 
upon  the  proceedings  themselves  to  affirm,  reverse  or  change  them. — Clement 
v.  Everest,  29/19. 

APPEAL:  School  Dist.  v.  Wilcox,  48/404.  When  it  seems  an  appeal 
could  not  be  taken. — Sch.  Dist.  v.  Sch.  Dist.,  63  /  57-8. 

CERTIORARI :  The  issuance  of  a  writ  of  certiorari  being  largely  discre- 
tionary, and  not  permissible  to  accomplish  a  palpable  injustice,  a  writ  issued 


58 


STATE    OF    MICHIGAN. 


to  review  the  setting  aside  of  the  organization  of  a  school  district  out  of 
the  territory  of  two  others  will  be  dismissed  when  each  of  the  three  dis- 
tricts as  so  organized  would  be  financially  unable  to  support  a  school  with- 
out imposing  upon  the  residents  a  greater  burden  than  they  are  able  to  bear 
— Silver  v.  Hamilton  Township  Board,  146/393. 


statement. 


Bond, 
amount  of. 


ApPeiiants:to  (118)  §  4744.  SEC.  2.  Said  appellants  shall,  before  tak- 
ing such  appeal,  make  out  and  file  with  the  board  of  appeals 
a  written  statement,  to  be  signed  by  said  appellants,  setting 
forth  in  general  terms  the  action,  order  or  decision  of  the 
township  board  with  respect  to  which  the  appellants  feel 
themselves  aggrieved,  and  their  demand  for  an  appeal  there- 
from to  the  board  of  appeals,  and  shall  also  cause  to  be  ex- 
ecuted and  signed  by  one  of  their  number,  and  by  two  good 
and  sufficient  sureties  to  be  approved  by  the  board  of  appeals, 
a  bond  to  the  people  of  the  state  of  Michigan  in  the  penal 
sum  of  two  hundred  dollars,  conditioned  for  the  due  prosecu- 
tion of  said  appeal  before  said  board,  and  also  in  case  of  the 
dismissal  of  said  appeal  as  frivolous  by  said  board  for  the 
payment  by  said  appellants  of  all  costs  occasioned  by  reason 
of  said  appeal. 

Am.  Id. 

BOND :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and 
it  cannot  be  dispensed  with. — Clement  v.  Everest,  29  /  21.  The  appeal  is  not 
complete  without  such  approval. — Id. 


Township 
board,  when 
to  file  tran- 


(119)  §  4745.  SEC.  3.  Upon  the  filing  of  such  appeal 
papers  and  bond  with  the  said  board  of  appeals  and  after 
notice  by  the  board  of  appeals  to  the  township  board  from 
whose  decision  appeal  is  taken,  said  township  board  shall 
within  ten  days  thereafter  make  out  and  file  with  the  said 
board  of  appeals  a  full  and  complete  transcript  of  all  its  pro- 
ceedings, actions,  orders  or  decisions  with  reference  to 
which  the  appeal  is  taken  and  of  its  records  of  the  same; 
also  said  bond  and  appeal  papers  and  all  petitions  and  remon- 
strances, if  any,  with  reference  to  the  matters  appealed  from, 
and  upon  the  filing  of  the  same  with  said  board  of  appeals 
the  said  board  shall  be  deemed  to  be  in  possession  of  the 
case,  and  if  the  return  be  deemed  by  it  insufficient  the  board 
may  order  a  further  and  more  complete  return  by  said  town- 
ship board,  and  when  such  return  shall  by  it  be  deemed  suffi- 
cient it  shall  proceed  with  the  consideration  of  the  appeal 
at  such  time  or  times,  within  ten  days  after  such  return  in 
such  manner  and  under  such  affirmation,  amendment  or  re- 
versal of  the  action,  order  or  decision  of  the  township  board 
appealed  from,  as  in  its  judgment  shall  seem  to  be  just  and 
right;  or  if  it  deem  the  appeal  to  be  frivolous  it  may  sum- 
marily dismiss  the  same. 

Am.  Id. 


GENERAL    SCHOOL   LAWS.  59 


CHAPTER  X. 

GRADED  SCHOOL  DISTRICTS. 

(120)      5  4746.     SECTION  1.     Any  school  district  contain-  Graded  school 

i         -,       -,      i  ••!  i  i  j-i  P  r>       district,  or- 

ing  more  than  one  hundred  children  between  the  ages  of  five  ganization  of. 
and  twenty  years,  may,  by  a  majority  vote  of  the  qualified 
voters  present  at  any  annual  or  special  meeting,  organize  as 
a  graded  school  district.     The  intention  to  submit  the  ques-  - 
tion  of  the  organization  of  a  graded  school  district  shall  be 
expressed  in  the  notice  of  such  annual  or  special  meeting. 
When  such  change  in  the  organization  of  the  district  shall 
have  been  voted,  the  voters  at  such  annual  or  special  meet-  election, 
ing  shall  proceed  immediately  to  elect  by  ballot  a  board  of  t(  rm>  etc' 
education  of  five  members,  one  member  for  the  term  of  one 
year,  two  for  the  term  of  two  years  and  two  for  a  term  of 
three  years,  and  annually  thereafter  a  successor  or  successors 
to  the  member  or  members  whose  term  of  office  shall  expire. 
Any   qualified   voter  in   such   district  whose  name   appears  Eligibility. 
upon  the  assessment  roll  at  the  time  of  such  election  and 
who  is  the  owner  in  his  own  right  of  the  property  so  as- 
sessed, shall  be  eligible  to  election   or  appointment  to  the 
office  of  member  of  the  board  of  education.   In  the  election  of  Majority 
members  of  the  board  of  education  and  all  other  school  oflfi-  vote" 
cers,  the  person  receiving  a  majority  of  all  the  votes  shall  be 
declared  elected :     Provided,  That  all  graded  school  districts  Proviso, 
organized  prior  to  the  year  nineteen  hundred    seven    shall 
operate  after  the  passage  of  this  act  under  the  provisions  of 
this  act  without  reorganization :    And  Provided  also,  That  in  Proviso, 
all  such  districts  the  members  of  the  board  of  education  here- 
after elected  shall  be  elected  under  the  provisions  of  this  act. 

Am.  1907,  Act  247. 

Simpklns  v.  Ward,  45/562. 

CUSTODY  OF  RECORDS :  The  proceedings  provided  by  statute,  sections 
9843-9851  C.  L.,  (chap.  39,  judicature  act  of  1915),  to  compel  delivery  of  books 
and  papers  by  a  public  officer  to  his  successor,  are  not  adapted  to  a  determina- 
tion of  the  rights  of  contestants  to  any  office,  but  are  merely  appropriate  for 
ascertaining  whether  a  petitioner  is  prima  facie  such  an  officer  as  entitles  him 
to  possession  of  the  books  and  papers  of  the  office.  After  an  adjudication  of 
this  question  by  a  court  of  competent  jurisdiction  the  defeated  party  can  not 
review  the  judgment  by  certiorari  and  thereby  defeat  the  object  of  the  statute, 
but  must  resort  to  quo  warranto  or  other  proceedings  appropriate  to  try  title 
to  an  office. — Murta  v.  Carr,  140/606. 

GRADED  SCHOOL  DISTRICTS :  The  wisdom  of  the  graded-school-dis- 
trict  act  was  vindicated  in  Stuart  v.  Sch.  Dist.,  30/69,  and  its  validity 
determined. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439.  It  is  competent  under 
the  constitution  to  provide  by  taxation  for  free  instruction  in  the  higher 
departments  of  education,  in  union  and  high  schools. — Stuart  v.  Sch.  Dist., 
30  /  69.  Union  and  graded  schools,  whether  organized  under  the  general  law 
or  created  by  special  enactment  are  subject  to  the  general  primary  school 
law,  except  as  otherwise  provided  in  the  law  creating  them. — People  v.  De- 
troit Board  of  Education,  18  /  411 ;  Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  442. 

ALL  OTHER  OFFICERS :  The  term  "all  other  school  officers"  includes 
the  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
no  others  to  whom  it  could  refer,  as  the  trustees  are  the  only  officers  to  be 
elected  in  graded  school  districts. — Cleveland  v.  Amy,  88  /  377. 

LEGISLATIVE  PROVISIONS  :  The  constitution  does  not  require  an  abso- 
lute uniformity  in  school  districts  throughout  the  state  and  the  legislature 
has  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
kept  up ;  graded  schools  have  been  established ;  boundaries  of  districts 
changed  and  fixed  by  the  legislature ;  and  the  qualifications  of  electors  at 
school  meetings  have  been  fixed,  limiting  the  classes  entitled  to  vote  and 
providing  exceptional  methods  of  electing  officers.  The  mayor  of  Grand 
Rapids  is  made  a  trustee  and  ex  officio  a  member  of  the  board  of  education ; 


60 


STATE    OF    MICHIGAN. 


and  being  a  trustee  he  is  eligible  to  the  office  of  president  of  the  board. 
The  president  of  the  board  has  the  veto  power.  The  mayor  of  Alpena  is 
president  of  the  board,  and  the  trustees  elected  constitute  the  board,  and 
exercise  all  the  powers  and  perform  the  duties  of  trustees.  The  mayor  of 
Detroit,  as  ex  officio  member  of  the  board  of  education,  has  the  veto  power, 
and  this  provision  is  constitutional. — Pingree  v.  Board  of  Education,  99  / 
407-9.  It  is  no  new  thing  for  the  legislature  to  fix  the  boundaries  of 
school  districts.  It  is  done  by  the  charter  of  nearly  every  city  or  village 
in  the  state,  and  some  of  them  go  so  far  as  to  provide  exceptional  methods 
of  electing  officers  and  limiting  the  classes  entitled  to  vote  (citing  Mudge 
v.  Jones,  59/165). — Keweenaw  Ass'n  v.  Sen.  Dist.,  98/441.  And  in  Perrizo 
v.  Kesler,  93/280,  an  act  providing  for  the  organization  of  school  districts 
from  entire  townships  was  held  valid. — Id.  442. 


Acceptance 
of  office. 


Organiza 
of  board. 


ization 


Vacancies. 


Bond  of 
treasurer. 


Township 
board  or 
city  council 
may  appoint 
officers  of 
board. 


(121)  §  4747.  SEC.  2.  Within  ten  days  after  his  elec- 
tion, each  member  shall  file  with  the  secretary  of  the  board 
an  acceptance  of  the  office. to  which  he  has  been  elected,  ac- 
companied by  an  affidavit  setting  forth  the  fact  of  eligibility 
as  described  in  section  one  of  this  chapter.  The  board  of 
education  shall  annually,  and  within  fifteen  days  after  the 
annual  meeting,  or  within  fifteen  days  after  the  organiza- 
tion under  this  act,  elect  from  its  own  number  a  president,  a 
secretary  and  a  treasurer,  and  for  cause  may  remove  the 
same  from  such  offices  and  may  appoint  others  of  their 
number  in  such  places,  and  these  officers  shall  perform  the 
duties  prescribed  by  the  general  school  law  for  the  modera- 
tor, director  and  treasurer  of  the  district,  except  as  herein- 
after provided.  The  board  of  education  shall  have  power  to 
fill  any  vacancy  that  may  occur  in  its  number  until  the  next 
annual  meeting,  and  if  three  vacancies  occur  at  the  same 
time  a  special  meeting  of  the  district  shall  be  called  to  elect 
members  of  the  board  to  fill  such  places.  Within  thirty  days 
after  his  appointment,  the  treasurer  of  the  board  shall  file 
with  the  secretary  an  official  bond  in  such  an  amount  and 
form  as  may  be  determined  by  said  board.  Said  bond  may 
be  either  personal  or  of  some  surety  company  authorized  to 
do  business  in  this  state,  and  it  shall  be  given  for  a  sum  not 
less  than  the  greatest  amount  of  money  that  the  treasurer 
may  have  in  his  possession  or  under  his  control  at  any  time 
during  his  term  of  office,  as  near  as  the  same  can  be  deter- 
mined. When  a  personal  bond  is  given  it  shall  be  signed  by 
not  less  than  two  sureties,  each  of  whom  shall  justify  under 
oath  to  the  full  amount  of  the  bond.  If  a  surety  bond  is  re- 
quired and  purchased,  it  may  be  at  the  expense  of  the  dis- 
trict. Whenever,  in  any  case,  the  board  of  education  shall 
fail  or  neglect  to  elect  the  officers  of  the  board  named  in  this 
section  within  fifteen  days  next  after  the  annual  meeting,  or 
after  the  organization  of  the  district,  the  township  board  or 
the  common  council  of  any  city  within  which  said  district 
is  located  shall  appoint  the  said  officers  from  the  members  of 
the  board. 

Am.  1901,  Act  165  ;  1907,  Act  247  ;  1913,  Act  241. 

VACANCIES — COSTS  :  The  minority  of  a  school  board  have  no  authority 
to  commence  an  action  in  its  name,  and,  if  they  do  so,  they  will  be  indi- 
vidually responsible  for  the  costs. — Johnston  v.  Mitchell,  120  /  589. 


GENERAL  SCHOOL  LAWS.  61 

(122)     §  4748.     SEC.  3.     It  shall  be  the  duty  of  the  board  Board  of 
of  education  in  any  graded  school  district: 

First,   To  determine  the  course  of  study  to  be  pursued  and 
to  cause  the  pupils  attending  school  in  such  district  to  be  study. 
taught  in  such   schools   or  departments   as  they  may  deem 
expedient ; 

Second,  To  establish  in  such  district  a  high  school,  when 
directed  by  a  vote  of  the  district  at  any  annual  or  special 
meeting,  and  "to  determine  the  qualifications  for  admission 
to  such  high  school  and  the  fees  to  be  paid  for  tuition  by 
non-resident  students :  Provided,  That  when  non-resident  Proviso, 
students,  their  parents  or  legal  guardians  shall  pay  a  school  non-residents. 
tax  in  said  district,  the  same  shall  be  credited  on  their  tui- 
tion a  sum  not  to  exceed  the  amount  of  such  tuition,  and 
they  shall  only  be  required  to  pay  tuition  for  the  difference 
between  the  amount  of  the  tax  and  the  amount  charged  for 
tuition ; 

Third,    To  audit  and  order  the  payment  of  all  accounts  of  T»  audit 

,,  .  ,    ,      accounts  of 

the  secretary  for  incidentals  or  other  expenses  incurred  by  secretary, 
him  in  the  discharge  of  his  duties;  but  not  more  than  one 
hundred  dollars  shall  be  expended  by  the  secretary  in  one 
year  for  repairs  of  buildings  or  appurtenances  of  the  dis- 
trict property  or  for  necessary  appendages  without  the  au- 
thority of  the  board  of  education; 

Fourth,  To  estimate  and  vote  the  amount  of  tax  necessary,  TO  estimate 
in  addition  to  other  school  funds,  for  teachers'  wages,  fuel  amount  6of 
and  incidental  expenses,  for  the  ensuing  year,  and  when  the  tax> 
voters  fail  or  neglect  to  vote  the  same,  to  estimate  and  vote 
the  amount  of  tax  necessary  for  salaries  of  officers  and  ser- 
vants, and  when  such  tax  has  been  voted  by  the  board  of 
education  it  shall  be  reported  to  the  assessing  officer  in  the 
same  manner  as  other  taxes  of  the  district  are  reported ; 

Fifth,   In  all  villages  and  cities  organized  as  graded  school  TO  J^1^ 
districts  under  the  provisions  of  this  act,  in  which  districts  ofSooS!  e 
six  or  more  teachers  are  employed,  to  employ  a  superintend- 
ent of  schools  who  shall  be  the  holder  of  at  least  a  state  life 
certificate  or  a  normal  school   diploma,  or  who   shall  have  Duties  of 
educational  qualifications  equivalent  thereto,  and  said  super-  tendent. 
intendent  shall  have  the  following  duties: 

(a)  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause  until  the 
board  of  education,  or  a  committee  of  such  board,  may  con- 
sider such  suspension; 

(b)  To  classify  and  control  the  promotion  of  pupils; 

(c)  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  study  and  the  proper  text-books  to  be 
used; 

(d)  To  make  reports  in  writing  to  the  board  of  education 
and  to  the  superintendent  of  public  instruction  annually  or 
oftener  if  required,  in   regard  to  all  matters  pertaining  to 
the  educational  interests  of  the  district; 


62 


STATE    OF    MICHIGAN. 


(e)  To  supervise  and  direct  the  work  of  the  teachers; 

(f)  To  assist  the  board  in  all  matters  pertaining  to  the 
general   welfare   of  the   school   and   to   perform    such   other 
duties  as  the  board  may  determine. 

Sixth,  To  employ  all  legally  qualified  teachers  necessary 
for  the  several  schools  upon  recommendation  of  the  superin- 
tendent, and  to  determine  the  amount  of  their  compensation, 
and  to  require  the  secretary  and  president  to  make  contracts 
with  the  same  on  behalf  of  the  district  in  accordance  with 
the  provisions  of  law  governing  contracts  with  teachers: 
Provided,  That  the  board  of  education  may  employ  a  teacher 
not  recommended  by  the  superintendent,  or  may  reinstate  a 
teacher  suspended  by  the  superintendent; 

Seventh,  To  employ  such  other  officers  and  servants  as  may 
be  necessary  for  the  management  of  the  schools  and  school 
property,  and  to  prescribe  their  duties  and  fix  their  com- 
pensation ; 

Eighth,  To  perform  such  other  duties  as  are  required  of 
district  boards  in  other  school  districts,  or  as  may  be  neces- 
sary to  the  general  welfare  of  the  school  and  district. 


To  employ 
teachers, 
determine 
salary  of,  etc. 


Proviso. 


To  employ 

other 

officers. 


Other  duties 
of  board. 


Altering 
boundaries  of 
graded  school 
districts. 


Proviso, 
appeal. 


Am.  1907,  Act  247. 

FIRST:  To  classify  and  grade.— People  v.  Detroit  Bd.  of  Ed.,  18/412. 
Under  our  system  It  Is  common  and  convenient  to  have  the  various  grades 
in  one  building  and  there  is  nothing  illegal  in  it. — Hathaway  v.  New  Balti- 
more, 48  /  255.  The  authority  to  classify  and  grade  the  pupils  and  pre- 
scribe the  course  of  studies*  confers  the  power  to  provide  for  teaching  music 
and  to  purchase  a  piano  for  such  purpose. — Knabe  v.  Board  of  Education, 
67  /  262. 

FOURTH :  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  reso- 
lution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director.— Farrell  v.  Sch.  Dist.,  98/43  (citing  Crane  v.  Sch.  Dist.,  61/299). 
The  board  has  power  to  employ  a  qualified  teacher  for  the  ensuing  year  prior 
to  the  annual  school  meeting. — Id.,  (citing  Tappan  v.  Sch.  Dist..  44/500; 
Cleveland  v.  Amy,  88/374).  The  power  to  employ  teachers  conferred  upon 
the  district  boards  of  primary  schools  is  co-extensive  with  that  conferred 
upon  the  boards  of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88  /  376. 
Teachers  in  graded  schools  are  required  to  have  certificates  in  the  same  man- 
ner as  teachers  in  primary  schools ;  but  a  person  employed  by  the  board  to 
superintend  and  manage  the  schools  need  not  be  a  teacher  nor  have  a  teach- 
er's certificate. — Davis  v.  Sch.  Dist.,  81  /  214.  The  trustees  are  empowered 
to  employ  all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to 
be  decided  by  their  sound  discretion. — Tappan  v.  Sch.  Dist.,  44  /  502. 

FIFTH :  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist.,  30  /  85.  Qualification  of  superintendent,  see  Davis  v.  Sch.  Dist.,  81  / 
219-20. 

SIXTH :  A  contract  between  a  teacher  and  a  graded  school  district  is 
invalid,  unless  the  teacher,  at  the  time  of  making  the  contract,  has  the  cer- 
tificate required  by  section  217,  authorizing  her  to  teach  during  the  term 
covered  by  the  contract ;  obtaining  a  certificate  after  the  making  of  the  con- 
tract, and  before  commencement  of  school,  is  not  a  compliance  with  the 
statute.— McCloskey  v.  Sch.  Dist.,  134/235. 

(123)  §  4749.  SEC.  4.  No  alterations  shall  be  made  in 
the  boundaries  of  any  graded  school  district  without  the  con- 
sent of  a  majority  of  the  trustees  of  said  district,  which  con- 
sent shall  be  spread  upon  the  record  of  the  district,  and 
placed  on  file  in  the  office  of  the  clerk  of  the  township  or 
city  to  which  the  reports  of  said  district  are  made:  Pro- 
vided, however,  That  any  three  or  more  taxpaying  electors 
having  children  between  the  ages  of  five  and  twelve  years, 
residing  one  and  one-half  miles  or  more  from  a  schoolhouse 
in  such  district,  feeling  themselves  aggrieved  by  any  action, 


GENERAL  SCHOOL  LAWS.  63 

order  or  decision  of  the  board  of  trustees  with  reference  to 
the  alteration  of  said  school  district  affecting  their  interests, 
may,  at  any  time  within  sixty  days  from  the  time  of  such 
action  on  the  part  of  said  board  of  trustees,  appeal  from 
such  action,  order  or  decision  of  such  board  of  school  trustees 
to  the  judge  of  probate  of  the  county  in  which  such  school- 
house  is  situated,  in  the  same  manner,  as  nearly  as  may  be, 
as  appeals  from  the  action  of  the  township  board,  as  pro- 
vided by  chapter  nine  of  this  act.  Said  appellants  shall  file  Bond, 
a  bond  with  said  judge  of  probate,  with  sufficient  sureties  to 
be  approved  by  said  judge  of  probate,  in  the  penal  sum  of 
not  exceeding  two  hundred  dollars  in  the  discretion  of  the 
court,  indemnifying  said  school  district  of  any  and  all  costs 
made  on  such  appeal  in  case  the  appellants  shall  not  prevail 
therein.  Whereupon  said  judge  of  probate  shall  be  empow-  Judge  of 
ered  to  entertain  such  appeal,  and  review,  confirm  or  set  jJJJf11*0  to 
aside  or  amend  the  action  of  the  board  of  trustees  appealed  adion. 
from. 

Am.  1899,  Act  258  ;  1909,  Act  83. 

NO  ALTERATION :— People  v.  Ryan,  19/207;  Simpkins  v.  Ward,  45  / 
559 ;  Burnett  v.  Inspectors,  97  / 103.  Addition  of  territory  by  legislative 
action. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98  /  439-41. 

(124)  §  4750.     SEC.  5.     Whenever  two  or  more  contigu-  Graded 
ous  districts,  having  together  more  than  one  hundred  children  ^strict 
between  the  ages  of  five  and  twenty  years,  after  having  pub-  certain  dis- 
lished  in  the  notices  of  the  annual  meetings  of  each  district  unite  for7 
the  intention  to  take  such  action,  shall  severally,  by  a  vote  of 

a  majority  of  the  qualified  voters  attending  the  annual  meet- 
ings in  said  districts,  determine  to  unite  for  the  purpose  of 
establishing  a  graded  school  district  under  the  provisions  of 
this  chapter,  the  township  board  of  the  township  or  town-  Township 
ships  in  which  such  districts  may  be  situated  shall,  on  being  board, 
properly  notified  of  such  vote,  proceed  to  unite  such  districts,    u  y  ° 
and  shall  appoint  as  soon  as  practicable  a  time  and  place  for 
a  meeting  of  the  new  district,  and  shall  require  three  notices  Notices, 
of  the  same  to  be  posted  in  each  of  the  districts  so  united  at  posting  of. 
least  five  days  before  the  time  of  such  meeting,  and  at  such 
meeting  the  district  shall  elect  a  board  of  trustees,  as  pro-  Board  of 
vided  in  section  one  of  this  chapter,  and  may  do  whatever  trustees, 
business  may  be  done  at  any  annual  meeting. 

Am.  1909,  Act  83. 

(125)  §  4751.     SEC.  6.    Whenever  the  trustees  of  any  or-  primary 
ganized  graded  school  district  shall  be  presented  twenty  days  ggg£jt8 
before  the  annual  meeting  thereof  with  a  petition  signed  by  whenCmay 
ten  voters  of  said  district,  stating  that  it  is  the  desire  of  said  change  to- 
petitioners  that  at  the  annual  meeting  of  said  school  district 

there  shall  be  submitted  to  said  annual  meeting  the  proposi- 
tion to  change  from  a  graded  school  district  to  one  or  more 
primary  school  districts,  the  said  trustees  shall,  in  their 


64 


STATE    OF    MICHIGAN. 


notice  of  such  annual  meeting,  state  that  the  proposition  set 
forth  in  said  petition  will  be  presented  to  said  meeting,  and 
if  two-thirds  of  the  qualified  voters  present  at  said  meeting 
shall  vote  to  change  to  one  or  more  primary  school  districts 
such  change  shall  be  made,  and  it  shall  be  the  duty  of  the 
township  board  of  the  township  or  townships  in  which  such 
'district  is  situated,  upon  being  duly  notified  of  such  vote,  to 
proceed  to  change  or  divide  such  district  as  determined  by 
such  annual  meeting,  and  they  shall  provide  for  the  holding 
of  the  first  meeting  in  the,  or  each  of  the,  proposed  primary 
school  districts  in  the  same  manner  as  is  provided  for  by  law 
for  the  organization  of  primary  school  districts,  and  when- 
ever a  fractional  graded  school  district  shall  be  so  changed, 
the  township  boards  of  the  respective  townships  where  such 
graded  school  district  is  situated  shall  organize  the  said  dis- 
trict into  one  or  more  primary  school  districts,  as  provided 
for  by  law. 


Township 
board, 
duty  of. 


First 
meeting. 


Fractional 
districts. 


Am.  Id. 


CHAPTEK  XI. 


Township 
or  city  may 
maintain 
library. 


Proviso, 
abandonment , 


Further 
proviso,  in 
case  of 
legal  action. 


Further 

proviso, 

township 

school 

district. 


LIBRARIES. 

(126)  §  4752.  SECTION  1.  A  library  may  be  maintained 
in  each  organized  township  or  city  which  shall  be  the  prop- 
erty of  the  township  or  city  and  under  the  control  of  the 
township  board  of  said  township  or  the  board  of  education 
of  the  village  or  city.  All  actions  relating  to  such  library  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township 
or  city:  Provided,  That  if  in  the  judgment  of  said  township 
board  the  people  of  said  township  will  be  better  served  by 
disposing  of  said  library  to  the  several  school  districts  of  the 
township,  said  board  shall  have  authority  to  take  such  action, 
or  the  said  board  may  authorize  the  merging  of  the  township 
library  into  a  free  public  library  in  accordance  with  the 
statutes  authorizing  the  establishment  of  such  free  public 
libraries,  and  after  such  merging  the  free  public  library 
so  established  shall  receive  all  the  books  of  the  former  town- 
ship library,  and  the  toAvnship  library  shall  be  considered 
abandoned:  Provided  further,  That  when  any  legal  action 
is  taken  or  becomes  necessary  concerning  the  township  library 
the  township  clerk  shall  represent  the  township  in  all  actions 
concerning  said  library:  Provided  further,  That  when  any 
township  has  already  been  organized  as  a  township  school 
district  or  shall  hereafter  be  organized  as  a  township  school 
district,  the  control  of  the  township  library  shall  pass  from 
the  township  board  to  the  board  of  education  of  such  town- 
ship, and  all  rights,  powers  and  duties  heretofore  exercised 
by  the  said  township  board  or  the  members  thereof  shall  be 


GENERAL  SCHOOL  LAWS.  65 

thereafter  exercised  and  performed  by  the  township  board  of 
education  through  the  proper  officers. 

Am.  1909,  Act  32. 

(127)  §  4753.     SEC.  2.     All  persons  who  are  residents  of  wjjyje^ 
the  township  shall  be  entitled  to  the  privileges  of  the  town-  privileges0 
ship  library,  subject  to  such  rules  and  regulations  as  may  be  of 
lawfully  established  in  relation  thereto:    Provided,  That  per- Proviso, 
sons  residing  within   the  boundaries  of  any  school  district 

in  which  a  district  library  has  been  established  shall  be  en- 
titled to  the  privileges  of  such  district  library  only. 

(128)  §   4754.     SEC.  3.     The  township  board  shall  have  Towns  hip 
charge  of  the  township  library  and  the  township  treasurer  to  hare w 
shall    apply    for    and    receive  from   proper   authorities  all  et£rge  of ' 
moneys  appropriated  for  the  township  library  and  shall  keep 

a  separate  account  of  such  funds.  The  township  treasurer 
shall  pay  out  such  library  moneys  on  the  order  of  the  town- 
ship clerk,  countersigned  by  the  supervisor.  The  township 
board  shall  purchase  books  and  procure  the  necessary  ap- 
pendages for  the  township  library :  Provided,  That  when  the 
township  library  shall  pass  to  the  control  of  the  township  control  to 
board  of  education,  the  township  treasurer  shall  continue  to,  educat?on. 
apply  for  and  receive  all  library  moneys  and  pay  them  over 
to  the  treasurer  of  the  board  of  education  upon  proper  war- 
rant of  the  township  district.  In  villages  or  cities  the  treas-  Cities  or 
urer  of  the  board  of  education  shall  apply  for  and  receive  all  v 
moneys  apportioned  or  appropriated  for  libraries  and  shall 
disburse  sucli  funds  in  the  same  manner  as  other  educational 
funds. 

Am.  1909,  Act  32. 

(129)  §  4755.     SEC.  4.     Said  board  shall  be  held  account- 
able  for  the  proper  care  and  preservation  of  the  township 
library,  and  shall  have  power  to  provide  for  the  safe  keeping  of 
of  the  same,   to  prescribe  the  time  for  taking  and   return- 
ing books,  to  assess  and  collect  fines  and  penalties  for  the 
loss  or  injury  of  said  books,  and  to  establish  all  other  needful 
rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public 
instruction  may  advise. 

(130)  §  4756.     SEC.  5.     The  township  board  shall  cause  T 
the  township  library  to  be  kept  at  some  central  and  suitable  kept 
place  in  the  township  which  it  shall  determine.    Said  board 

shall  also,  within  ten  days  after  the  annual  township  meet-  term,  etc 
ing,  appoint  a  librarian  for  the  term  of  one  year  to  have  the 
care  and  superintendence  of  said  library,  and  such  librarian 
shall  be  responsible  to  the  township  board  for  the  impartial 
enforcement  of  all  rules  and  regulations  lawfully  established 
in  relation  to  said  Jibrar" y. 

Am.  1909,  Act  32. 
9 


66 


STATE    OF    MICHIGAN. 


School 
district 
library, 
how  may 
be  estab- 
lished, etc. 

Share  of 
books  and 
money. 


Library, 
who  to 
have  charge 
of,  etc. 


Township 
clerk  to 
report 
annually. 


Director, 
report  of, 
what  to 
include. 


Failure  to 
report. 


(131)  §  4757.     Sec.  6.    Any  school  district,  by  a  majority 
vote  at  an  annual  or  special  meeting,  may  establish  a  school 
district  library,  due  notice  of  said  action  to  be  stated  on  the 
annual  or  special  meeting  notice,  and  such  district  shall  be 
entitled  to  its  just  proportion  of  books  from  the  library  of 
any  township  in  which  it  is  wholly  or  in  part  situated,  to  be 
added  to  the  district  library,  and  also  to  its  equitable  share 
of  any  library  moneys  remaining  unexpended  in   any  such 
township  or  townships  at  the  time  of  the  establishment  of 
such  district  library  or  that  shall  thereafter  be  raised  by  tax 
in  such  township  or  townships  or  that  shall  thereafter  be 
apportioned  to  the  township  for  library  purposes. 

Am.  Id. 

(132)  §  4758.     SEC.  7.     The  district  board  of  any  school 
district  or  the  board  of  education  of  any  township  school  dis- 
trict, village  or  city  in  which  a  library  may  be  established 
in   accordance   with   the  provisions   of  this   act,    shall   have 
charge  of  such  library  and  provide  the  necessary  conveniences 
for  the  proper  care  of  such  library,  and  said  board  shall  be 
responsible  for  and   shall   use  all   moneys  raised   or  appor- 
tioned for  its  support  in  accordance  with  the  provisions  of 
law. 

Am.  Id. 

Libraries  are  within  the  proper  range  of  school  apparatus ;  and  there  is 
nothing  in  our  laws  which  cuts  off  public  corporations  from  accepting  benevo- 
lent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their  peo- 
ple, by  enlarging  their  opportunities  for  culture  and  refinement  without  multi- 
plying or  increasing  their  burdens. — Maynard  v.  Woodard,  36  /  425,  427. 

(133)  §  4759.     SEC.  8.     The  township  clerk  shall  give  in 
his  annual  report  to  the  superintendent  of  public  instruction 
such  facts  and  statistics  relative  to  the  management  of  the 
township  library  and  the  library  moneys  thereof  as  said  su- 
perintendent of  public  instruction  shall  direct,  and  the  dis- 
trict board  or  board  of  education  of  any  district,  village  or 
city  having  a  library  shall  give  in  the  annual  report  of  the 
director  or  secretary  such  facts  and  statistics  relative  to  the 
library  as  the  state  superintendent  of  public  instruction  may 
direct,  and  where  school  officers  report  to  the  township  clerk 
they  shall  include  similar  information  in  said  report  to  said 
clerk. 

Am.  Id. 

(134)  §  4760.    SEC.  9.    In  case  the  township  board  of  any 
township,  or  the  district  board  of  any  school  district,  or  the 
board  of  education  of  any  village,  city  or  township,  shall  fail 
to  make  the  reports  required  by  this  act,  or  in  case  it  shall 
appear  that  any  township  or  school  district  or  township  dis- 
trict, village  or  city  has  failed  to  use  the  library  money  in 
strict  accordance  with  the  provisions  of  law,  such  township 


GENERAL  SCHOOL  LAWS.  67 

or  district  or  township  district,  village  or  city  shall  forfeit  Forfeiture 
its  share  of  the  library  moneys  that  are  apportioned  for  the 
ensuing  year  and  such  money  shall  be  apportioned  to  other 
township  districts,  villages  or  cities  in  the  county  as  here- 
inafter provided. 

Am.  I<L 

(135)  §  4761.     SEC.  10.     The  superintendent  of  public  in-  nt  of 
struction  shall  annually,  and  previous  to  the  fifteenth  day  of  townships, 
July  transmit  to  the  clerk  of  each  county  a  statement  of  to^ib^ryled 
the  townships,  districts,  township  districts,  villages  and  cities  money- 

in  his  county  that  are  entitled  to  receive  library  moneys,  giv- 
ing the  number  of  children  in  each  case  between  the  ages  of 
five  and  twenty  years  as  shall  appear  from  the  annual  re- 
ports of  such  townships,  districts,  township  districts,  villages 
or  cities  for  the  school  year  last  ending.     Said  clerk  shall 
file  such  statement  in  his  office  and  shall  forthwith  furnish  a 
copy  thereof  to  the  county  treasurer.   The  state  superintend- statement 
ent  shall  also  furnish  a  copy  of  such  statements  to  the  town-  to  whom' 
ship  clerks  or  city  clerks  in  each  county. 

Am.  1909,  Act  32;  1913,  Act  243. 

(136)  §  4762.    SEC.  11.    The  proceeds  of  all  fines  for  any  certain  fines. 
breach  of  the  penal  laws  of  this  state,  when  collected  in  any 

county  and  paid  into  the  county  treasury,  together  with  all 
moneys  heretofore  collected  and  paid  into  said  treasury  on 
account  of  such  fines  and  not  already  apportioned,  shall  be 
apportioned  by  the  county  treasurer  in  accordance  with  the 
directions   of    the   superintendent   of   public   instruction,    as 
provided   in   the  preceding  section,  before  the  first  day  of 
August  in  each  year  among  the  several  townships,  districts,  JJjjg^  to 
township  districts,  villages  and  cities  in  the  county,  which  support  of 
money    when    received    by    the    proper  authorities  shall  be hl 
exclusively  applied  to  the  support  of  township,  district,  town- 
ship district,  village  and  city  libraries  and  to  no  other  pur- 
poses. 

Am.  Id. 

FINES,  ETC. :     See  Const.,  Art.  XI,  section  14. 

(137)  §   4763.     SEC.   12.     The  qualified  voters    of    each  voters  may 
township  shall  have  power  at  any  annual  township  meeting,  supporf  o? r 
to  vote  a  tax  for  the  support  of  libraries  established  in  ac . libraries- 
cordance  with  the  provisions  of  this  act,  and  the  qualified 

voters  of  any  school  district,  in  which  a  district  library  shall 
be  established,  shall  have  power,  at  any  annual  meeting  of 
such  district,  to  vote  a  district  tax  for  the  support  of  said 
district  library.     When  any  tax  authorized  by  this  section  HOW  tax  to 
shall  have  been  voted,  it  shall  be  reported  to  the  supervisor,  £SsJssSrtj5?d 
levied,  and  collected  in  the  same  manner  as  other  township  collected, 
and  school  district  taxes. 


68 


STATE    OF    MICHIGAN. 


Books,  sale  or 
donation  of. 


(138)  §  4764.  SEC.  13.  The  district  board  or  board  of 
education  of  any  school  district  may  donate  or  sell  any 
library  book  or  books  belonging  to  such  district  to  the  town- 
ship board,  where  there  is  a  township  library  or  to  the  city 
library  in  cities,  and  such  books  shall  thereafter  form  a  part 
of  the  township  or  city  library. 

Am.  1909,  Act  32. 


Penalty  on 
inhabitant 
for  neglect 
of  duty. 


Penalty  on 
district  officer 
for  neglecting 
or  refusing 
to  perform 
duties. 


Township 
clerk, 

liability  of, 
for  failure 
to  report. 


CHAPTER  XIII. 

PENALTIES    AND    LIABILITIES. 

(139)  §  4765.     SECTION  1.-    Any  taxable  inhabitant  of  a 
newly  formed  district  receiving  the  notice  of  the  first  meet- 
ing, who  shall  neglect  or  refuse  duly  to    serve    and    return 
such  notice,  and  every  chairman  of  the  first  district  meeting 
in  any  district,  who  shall  wilfully  neglect  or  refuse  to  per- 
form the  duties  enjoined  on  him  in  this  act,  shall  respectively 
forfeit  the  sum  of  five  dollars. 

(140)  §   4766.     SBC.  2.     Any  person   duly  elected  to  the 
office  of  moderator,  director,  treasurer,  or  trustee  of  a  school 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause, 
to  accept  such  office  and  serve  therein,  or  who,  having  entered 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  per- 
form any  duty  required  of  him  by  virtue  of  his  office,  shall 
forfeit  the  sum  of  ten  dollars. 

Am.  1901,  Act  165. 

Hinman  v.  Sch.  Dist.,  4/170. 

If  the  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  the  district  in  its  corporate  capacity  must  recover  the 
amount,  but  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment, 
cannot  recover  their  taxes  from  such  officer. — Wall  v.  Eastman,  1  /  268. 

(141)  §  4768.     SEC.  4.     If  any  township  clerk  shall  neg- 
lect or  refuse  to  make  out  and  transmit  the  annual  report 
containing  the  reports  of  the  several  school  districts  of  his 
township  or  any  other  report  which  the  law  may  require  of 
him,  within  the  time  limited  therefor,  he  shall  be  liable  to 
pay -the  full  amount  lost  by  the  township  or  any  district  or 
districts  by  such  neglect  or  refusal,  with  interest  thereon,  to 
be  recovered  in  an  action  of  debt  or  on  the  case. 

Am.  1909,  Act  32. 

Sec.  3  was  repealed  by  Act  32,  P.  A.  1909. 


County  clerk 
or  commis- 
sioner, lia- 
bility of,  for 
failure  to 
report. 


(142)  §  4769.  SEC.  5.  Any  county  clerk  or  county  com- 
missioner of  schools  who  shall  neglect  or  refuse  to  transmit 
to  the  superintendent  of  public  instruction  the  reports  re- 
quired by  this  act  or  any  other  reports  which  the  law  may  re- 
quire, within  the  time  limited  therefor,  shall  be  liable  to  pay 
to  each  township,  village  or  city  the  full  amount  which  such 
township  or  any  school  district,  village  or  city  therein  shall 


GENERAL    SCHOOL    LAWS.  69 

lose  by  such  neglect  or  refusal,  with  interest  thereon  to  be 
recovered  in  an  action  of  debt  or  on  the  case. 

Am.  Id. 

(143)  §  4770.     SEC.  6.     All  the  moneys  collected  or  re-  How  moneyg 
ceived  by  any   township  treasurer   under   the  provisions  of  aSoSnTo?11 
either  of  the  two   last   preceding  sections,   shall  be  appor-  neglect, 
tioned  and  distributed  to  the  school  districts  entitled  thereto,  dl 

in  the  same  manner  and  in  the  same  proportion  that  the 
moneys  lost  by  any  neglect  or  refusal  therein  mentioned 
would,  according  to  the  provisions  of  this  act,  have  been 
apportioned  and  distributed. 

(144)  §  4771.     SEC.   7.     Any    township    clerk  who  shall  ^^ of 
neglect  or  refuse  to  certify  to  the  supervisor  any  school  dis-  cierkSand 
trict  taxes  that  have  been  reported  to  him  as  required  by  this  f£?SJrd°to 
act,   and   any   supervisor  wilfully   neglecting  to   assess  any  district  taxes 
such  tax  shall  be  liable  to  any  district  for  any  damage  oc- 
casioned thereby,  to   be  recovered  by  the  treasurer  in   the 

name  of  the  district,  in  an  action  of  debt,  or  on  the  case. 

Am.  1901,  Act  165. 

Section   8    repealed    1913,    Act   402.      It   related   to   the   removal   of   district 
officers  by  the  township  board. 

(145)  §  4773.     SEC.  9.     No  school  officer,  superintendent,  school  officers 
or  teacher  of  schools,  shall  act  as  agent  for  any  author,  pub-  SS?  to  actlS* 
Usher,   or  seller  of   school  books,   or  shall   directly  or  indi-  |gents,be°tck 
rectly  receive  any  gift  or  reward  for  his  influence  in  recom- 
mending the  purchase  or  use  of  any  library  or  school  book  or  school  officers 
school  apparatus,  or  furniture  whatever,  nor  shall  any  school  {^J^t^  in 
officer  be  personally  interested  in  any  way  whatever  in  any  contracts  in 
contract  with  the  district  in  which  he  may  hold  office.    Any  C( 

act  or  neglect  herein  prohibited,  performed  by  any  such  offi- 
cer, superintendent,  or  teacher,  shall  be  deemed  a  misde- 
meanor. 

(14G)      §  4774.     SEC.  10.     All  provisions  of  this  act  shall  where  this 
apply  and  be  in  force  in  every  school  district,  township,  city  appfy.a11 
and  village  in  this  state,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature. 

Johnston    v.     Mitchell,     120  /  589 ;     Detroit    Bd.     of    Education     v.     Moross, 
151  /  625. 


70 


STATE    OF    MICHIGAN. 


An  Act  to  provide  for  a  board  of  education  for  cities  having  a  popu- 
lation of  two  hundred  fifty  thousand  or  over  and  comprising  a 
single  school  district;  to  fix  their  terms  of  office,  and  the  manner 
of  the  nomination  and  election  of  the  members  thereof. 


[Act  251,  P.  A.  1913.] 


Inspectors, 
when  and  by 
whom  elected, 


Terms  of 
office. 


Names  on 

separate 

ballot. 


Nomination, 
election. 


Referendum. 


Form  of 
ballot. 


The  People  of  the  State  of  Michigan  enact: 

(147)  SECTION  1.    The  board  of  education  of  any  city  hav- 
ing a  population  of  two  hundred  fifty  thousand  or  over  which 
comprises  a  single  school  district  shall  consist  of  seven  school 
inspectors  who  shall  be  elected  at  large  by  the  electors  of  the 
whole  city  qualified  to  vote  for  school   inspectors   in   such 
municipality  at  the  next  spring  election  when  judges  of  the 
supreme  court  are  required  to  be  elected.     Two  inspectors 
shall  be  elected  to  serve  for  two  years;  two  inspectors  shall 
be  elected  to  serve  for  four  years,  and  three  inspectors  shall 
be  elected  to  serve  for  six  years;  thereafter  at  the  next  like 
election   immediately   preceding  the   expiration    of  their   re- 
spective terms  of  office  their  successors  shall  be  elected  to 
serve    for    six    years.     The   terms  of  office  of  each  inspector 
shall  commence  on  the  first  day  of  July  following  his  or  her 
election.     The  names  of  all  candidates  who  have  been  duly 
nominated  as  herein  provided  shall  be  placed  upon  a  sepa- 
rate ballot  at  the  election  for  school  inspectors  and  without 
their  party  affiliations  designated.     The  candidate  or  candi- 
dates   for  the    positions   or   places   to  be   filled   having   the 
greatest  number  of  votes  shall  be  declared  elected. 

(148)  SEC.  2.     The  nomination  and  election  of  inspectors, 
except  as  herein  provided,  shall  be  conducted  as  near  as  may 
be  as  now  provided  by  law  for  the  nomination  and  election 
of  the  city  officers  in  the  particular  municipality  concerned, 
and  all  women  who  are  legally  qualified  electors  shall  be  per- 
mitted to  vote  for  all  nominations  for  the  office  of  school  in- 
spector. 

Sec.  3  repeals  all  acts  in  contravention  with  this  act. 

(149)  SEC.  4.     The  provisions  of  this  act  shall  not  take 
effect  in  such  city  which  comprises  a  single  school  district 
until  approved  by  a  majority  of  the  electors  having  qualifica- 
tions to  vote  at  elections  for  school  inspectors,  voting  there- 
on, in  such  city,  at  the  next  general  election  held  after  the 
government  census  shows  such   city  has  two  hundred   fifty 
thousand  inhabitants  or  more.     The  vote  upon  the  question 
shall  be  by  ballot  which  shall  be  in  substantially  the  follow- 
ing form: 

Vote  on  proposition  to  adopt  the  act  providing  for  reduc- 
tion in  membership  of  the  board  of  education  and  their  elec- 
tion at  large. 

Make  a  cross  in  the  appropriate  square  below. 


GENERAL  SCHOOL  LAWS.  71 


Shall  the  act  providing  for  reduction  in  membership  of  the 
board  of  education  and  their  election  at  large  be  adopted. 
Yes.  [  ]  ; 

Shall  the  act  providing  for  reduction  in  membership  of  the 
board  of  education  and  their  election  at  large  be  adopted. 
No.  [  ]. 

Such  ballots  shall  be  furnished  by  the  city  board  of  elec- 
tion commissioners  and  shall  be  deposited  in  a  ballot  box 
provided  for  that  purpose  in  each  voting  precinct.  Such  bal-  Canvass. 
lots  shall  be  cast,  canvassed  and  the  results  thereof  certified 
to  in  the  same  manner  as  are  ballots  cast  upon  the  question 
of  the  adoption  or  rejection  of  a  constitutional  amendment. 
If  a  majority  of  the  qualified  electors  of  the  city,  voting 
thereon  shall  vote  in  favor  of  the  adoption  of  this  act  then 
the  provisions  hereof  shall  be  in  full  force  and  effect  in  such 
city  and  not  otherwise. 


An  Act  in  relation  to  the  division  of  or  changing  of  boundaries  of 
primary  school  districts. 

[Act  61,  P.  A.  1911.] 
The  People  of  the  State  of  Michigan  enact: 

(150)  SECTION  1.     Hereafter  the  township  board  of  any  Boundaries, 
township  may  divide  or  change  the  boundaries  of  any  pri-  chan&e  of- 
mary  school  district  regardless  of  whether  such  school  dis- 
trict was  formed  or  created  under  the  general  school  law, 

or  under  any  local  act  or  special  law  in  accordance  with  the 
same  rules  and  in  such  manner  as  is  prescribed  for  the 
formation  and  alteration  of  school  districts.  In  those  in- 
stances in  which  the  -school  district  lies  in  more  than  one 
township,  such  action  shall  be  taken  at  a  joint  meeting  of 
the  boards  of  the  various  townships  interested. 

Am.   1913,  Act  45. 

(151)  SEC.  2.     Hereafter    the    township    board    of    any  consolidation 
township    may    consolidate     school     districts   regardless   of 
whether  such  school  districts  were  formed  or  created  under 

the  general  school  law  or  created  under  any  local  or  special 
law  in  accordance  with  the  same  rules  and  in  such  manner 
as  is  prescribed  for  the  formation  and  alteration  of  school 
districts.  In  those  instances  in  which  the  school  districts 
lie  in  more  than  one  township,  such  action  shall  be  taken  at 
a  joint  meeting  of  the  boards  of  the  various  townships  in- 
terested :  Provided,  That  two  or  more  districts  shall  not  be  Proviso, 
consolidated,  unless  such  consolidation  is  approved  by  a  ma- referendum- 


72 


STATE    OF    MICHIGAN. 


jority  vote  of  the  electors  voting  at  an  annual  meeting  in 
each  district  affected. 

Added   1913,   Act  45. 


An  Act  relative  to  dividing  city  school  districts  into  election  pre- 
cincts, and  to  provide  the  manner  of  holding  elections  therein. 


School  dis- 
trict, division 
of. 

Proviso, 
notice  of. 


Election 
inspectors, 
etc.,  appoint- 
ment of. 


Vacancies, 
how  filled. 


Registration, 
when  made. 


Board  of 
election  in- 
spectors, duty 
of. 


[Act  385,   P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(152)  SECTION  1.     In  any  city  school  district,  the  board 
of  education  thereof  may   divide  said  district  into  two   or 
more  election  precincts:     Provided,  That  such    division    be 
made  at  least  twenty  days  previous  to  the  first  annual  meet- 
ing or  election  held  thereafter,  and  a  diagram  of  the  bound- 
aries of  each   precinct  be  posted  therein,  in  not  less  than 
three  of  the  most  public  places  in  each  precinct,  with  a  plain 
description  and  the  number  of  the  same,  not  less  than  fifteen 
days  previous  to  such  meeting  or  election,  and  by  publishing 
said  notice  in  a  newspaper,  if  one  is  published  and  circulated 
in  said  district,  for  at  least  three  weeks  previous  to  such 
meeting  or  election. 

(153)  SEC.  2.     The  board  of  education  of  any  district  so 
divided  shall,  not  less  than  ten  days  prior  to  any  meeting  or 
election,  appoint  the  members  of  the  boards  of  registration, 
and  the  inspectors  of  election  and  other  necessary  election 
officers  for  each  precinct  of  the  district,  and  the  secretary  of 
the  board  shall  notify  each  person  so  appointed  thereof.   No 
person  shall  serve  on  such  boards,  unless  he  is  an  elector 
and  resides  in  the  precinct  for  which  he  is  appointed. 

(154)  SEC.  3.    In  case  any  of  the  persons  so  appointed  to 
serve  on  such  boards  of  registration  and  election  decline  to 
act,  or  neglect  to  appear  at  the  time-  and  place  designated, 
the  members  of  the  board  present  or  the  electors  at  the  polls, 
may  fill  any  vacancy  or  vacancies  existing. 

(155)  SEC.  4.    After  a  district  has  been  divided  into  elec- 
tion precincts  under  the  provisions  of  this  act,  the  board  of 
education  shall  order  a  new    registration    of    the    qualified 
electors  to  be  made  in  each  precinct  the  Saturday  preceding 
any  meeting  of  the  district  at  which  an  election  is  to  take 
place,  and  it  shall  be  the  duty  of  the  board  of  education  to 
order  a  new  registration  in  each  precinct  every  four  years 
from  and  after  the  first  annual  meeting  or  election  held  in 
any  district  after  it  has  been  divided  into  precincts  under 
the  provisions  of  this  act. 

(156)  SEC.  5.    After  the  votes  have  been  counted  in  a  pre- 
cinct at  any  election,  the  board  of  election  inspectors  shall 
make  out  a  correct  and  true  statement  thereof,  in  duplicate, 
and  certify  to  the  same.   One  copy  thereof  shall  be  deposited 


GENERAL  SCHOOL  LAWS.  73 

in  the  ballot  box  and  the  other  shall  be  delivered  to  the  chair- 
man of  the  board  of  election  inspectors  of  the  precinct,  and 
it  shall  be  the  duty  of  said  chairman  to  file  the  said  state- 
ment with  the  secretary  of  the  board  of  education  within 
twenty-four  hours  after  so  receiving  the  said  statement. 

(157)  SEC.   6.     The  board  of  education    of    the    district  Canvass. 
shall  meet  at  it  [its]  usual  place  of  meeting  on  the  Wednes- 
day succeeding  an  election  at  ten  o'clock  in  the  forenoon,  and 
shall,  without  adjourning,  canvass  the  returns  from  the  sev- 
eral precincts  of  the  district  and  declare  the  result  of  the 
election.    Said  canvass  shall  be  open  to  the  public.   The  sec- 
retary shall  enter  the  proceedings  of  such  canvass  upon  the 
records  of  the  district. 

(158)  SEC.  7.    Except  as  provided  in  this  act,  the  manner  Elections, 
of  conducting  elections  shall  be  the  same  as  provided  in  thehowh< 
general  school  laws  of  the  state  and  any  local  act  in  force 

in  such  district. 

(159)  SEC.  8.    This  act  shall  not  apply  to  any  city  school 
district  now  authorized  by  law  to  divide  such  district  into 
election  precincts  or  districts. 

(160)  SEC.  9.    This  act  shall  apply  only  to  cities  of  under  idem, 
twenty-five  thousand  inhabitants. 

Sec.  10  declares  this  act  immediately  necessary  for  the  preservation  of  the 
public  peace  and  safety. 


An  Act  relative  to  dividing  city  school  districts  into  election  precincts, 
to  provide  for  the  registration  of  voters  and  for  the  holding  of  elec- 
tions therein. 

[Act  275,   P.   A.   1915.] 

The  People  of  the  State  of  Michigan  enact: 

(161)  SECTION  1.    The  board  of  education  of  any  school  Board  may 
district  composed  in  whole  or  in  part  of  territory  situated  dSSctl16 
in  any  city  in  this  state  may  divide  said  district  into  such 
number  of  voting  precincts  as  shall  be  necessary,  and  shall 
provide  for  the  registration  of  voters,  and  for  elections  there- 
in suitable  ballot  boxes,  poll    lists    and    other  supplies  or 
equipment  as  may  be  necessary  or  proper.     Such   division 

shall  be  made  at  least  sixty  days  previous  to  the  first  elec- 
tion after  this  act  becomes  operative  in  any  district. 

(162)  SEC.  2.     A  registration  of  the  qualified  electors  in  Registration. 
each  district  shall  be  made  in  each  voting  precinct,  and  the 

name,  sex  and  address  of  each  person  registering,  and 
whether  the  owner  of  property  assessed  for  school  taxes  or 
a  parent  or  legal  guardian  of  children  of  school  age.  Such 
registration  shall  in  all  respects  not  herein  specified  be  con- 
ducted in  the  same  manner  as  the  registration  required  or 


74 


STATE    OP    MICHIGAN. 


provided   for  with   reference   to   general   elections,   and   all 
Laws  laws  of  the  state  for  preserving  the  purity  of  elections  and 

for  preventing  fraud  and  corruption  shall  govern  all  elec- 
tions and  registrations  under  this  act  so  far  as  the  same 
are  applicable.  No  unregistered  person  shall  be  allowed  to 
vote  at  any  school  election  unless  such  person  has  qualified 
under  oath  under  the  provisions  of  law  regulating  elections 
when  made,  in  cities.  The  first  registration  of  voters  shall  be  made 
in  each  voting  precinct  in  said  district  on  the  last  Saturday 
previous  to  the  date  of  the  annual  school  election  as  fixed 
by  law,  or  of  any  special  election  that  may  be  ordered  or 
provided  by  law,  and  subsequent  registrations  shall  be  made 
on  the  last  Saturday  preceding  any  election  in  such  district 
and  whenever  the  board  of  education  may  provide  for  a  gen- 
eral registration  therein.  Boards  of  registration  shall  be  in 
session  in  the  several  voting  precincts  continuously  between 
the  hours  of  three  o'clock  and  eight  o'clock  in  the  afternoon 
on  registration  days. 

(163)  SEC.  3.    The  board  of  education  in  each  district  so 
divided  shall  appoint  three  qualified  electors  in  each  voting 
precinct  to  compose  a  board  of  registration  and  a  board  of 
election  inspectors.    Such  appointment  shall  be  made  at  least 
ten   days   prior   to   the  time  required   for   registration   and 
election  as  the  case  may  be.     The  same  electors  may  be  ap- 
pointed members  of  both  boards.     Each  member  shall  take 
the  constitutional"  oath  of  office  and  shall  be  entitled  to  ad- 
minister oaths  to  any  person  in  connection  with  the  registra- 
tion or  election.     In  case  of  inability  or  refusal  to  act,  the 
board  of  education  may  fill   the  vacancy,   and   in   case  the 
members  shall  not  all  be  present  at  the  time  of  the  opening 
of  the  registration  or  of  the  polls,  the  qualified  electors  pres- 
ent may  fill  the  vacancy.     The  inspectors  of  election  shall, 
immediately  after  canvassing  the  votes,  make  their  return 
thereof  and  deliver  the  same  to  the  secretary  of  the  board  of 
education. 

(164)  SEC.  4.    Notice  of  the  time  and  place  of  holding  any 
registration  or  election  shall  be  given  by  the  secretary  of  the 
board  of  education,  by  posting  notice  thereof  in  three  public 
places  in  each  voting  precinct  in  which  the  registration  or 
election  is  to  be  held,  at  least  ten  days  before  the  registra- 
tion or  election,  and  by  publication  in  one  or  more  of  the 
city  papers,  if  any,  in  the  district,  at  least  six  times  within 
ten  days  next  preceding  the  election.     If  no  daily  paper  is 
published  in  the  district,   the  notice  shall   be  published  at 
least   once   in   a   weekly  newspaper  published  therein.     The 
notice  of  election  shall  contain  the  names  of  all  candidates 
for  each  office    to    be    voted    on,  and  the  substance  of  all 
special  matters,  if  any,  to  be  submitted  thereat. 

canvass.  (165)      SEC.  5.     The  board  of  education  shall  convene  on 

Thursday   next   succeeding  any   election    at  the   usual  hour 


of  boards. 


Board  of 

registration, 

etc. 


Oath  of  office. 


Vacancy. 


Return 
of  votes. 


Notice  of 
registration. 


GENERAL  SCHOOL  LAWS.  75 

and  place  of  meeting,  and  canvass  the  returns,  and  from  the 
statements  filed  with  the  secretary,  shall  determine  the  re- 
sult of  the  election  upon  each  question  and  proposition  voted 
upon,  and  what  persons  were  duly  elected  at  said  election. 
The  secretary  shall  make  triplicate  certificates  of  such  deter-  Certificates  of 

J_  ,.    ,    .    ,  determination. 

ruination  under  the  corporate  seal  of  the  district,  showing 
the  result  of  the  election  upon  each  question  or  proposition, 
and  what  persons  were  declared  elected  to  the  several  offices 
respectively,  one  of  which  he  shall  file  in  the  office  of  the 
county  clerk  of  the  county,  one  in  the  office  of  the  city  clerk 
of  the  city  in  which  such  district  is  situated,  and  the  other 
shall  be  filed  in  his  own  office.  The  person  receiving  the 
greatest  number  of  votes,  as  shown  by  said  statements,  shall 
be  deemed  to  have  been  duly  elected,  but  if  there  shall  be 
no  choice  by  reason  of  two  or  more  candidates  having  receiv- 
ed an  equal  number  of  votes,  the  board  of  education  shall  Tie  vote- 
at  the  time  of  canvassing  the  votes,  determine  by  lot  be- 
tween said  persons  which  one  shall  be  elected  to  said  office. 
Tt  shall  be  the  duty  of  the  secretary  of  the  board,  within  Notification, 
five  days  after  the  determination,  to  notify  in  writing  each 
person  elected  of  his  election,  and  he  shall  file  a  written 
acceptance  of  such  election,  together  with  the  constitutional 
oath  of  office  within  ten  days  after  receiving  such  notice,  or  Oath  of  office. 
the  office  will  be  deemed  vacant. 

(166)  SEC.  6.  Candidates  for  members  of  the  board  of 
education  shall  be  nominated  by  petition,  which  shall  be 
filed  with  the  secretary  of  the  board  of  education  not  less 
than  ten  days  nor  more  than  fifteen  days  prior  to  the  date 
of  election.  Each  petition  shall  be  signed  by  not  less  than 
twenty-five  qualified  registered  school  electors  of  the  district. 
No  elector  shall  sign  the  petition  for  more  candidates  than 
are  to  be  elected.  Said  petition  shall  be  substantially  in 
the  following  form : 

"We,  the  undersigned  qualified  school  electors  of  the  (name  Form. 

of  district)   do  hereby  nominate of 

street,  of  said  district,  as  a  member  of  the  board  of  educa- 
tion of  said  district." 

Upon  the  filing  of  such  petitions  the  secretary  of  the  board  Publication 
shall  place  the  same  in  the  public  files  of  his  office,  and  for  ° 
at  least  five  days  immediately  preceding  said  election,  shall 
publish  the  names  proposed  in  a  daily  newspaper  of  the  dis- 
trict, and  if  there  is  no  daily  newspaper  in  the  district,  the 
names  shall   be  published  in  all  the  weekly  newspapers  of 
the  district  for  at  least  one  edition  during  the  week  pre- 
ceding the  election,  and  if  there  shall  be  no  paper  published 
in  the  district,  he  shall  post  printed  lists  of  such  names  in 
three  of  the  most  public  places  in  each  school  voting  precinct 
in  said  district  one  week  before  the  election.     The  secretary 
of  the  board  of  education  shall  prepare  and  have  printed  official  ballot, 
an  official  ballot,  which  shall  be  in  substantially  the  same 


76 


STATE    OF    MICHIGAN. 


Proviso, 
election 
emblem. 


Conduct  of 
election. 


Referendum. 


form  as  provided  in  the  general  election  law,  on  which  shall 
be  placed  the  names  of  all  who  have  been  duly  named  for 
members  of  said  board.  In  the  printing  of  such  ballots  the 
provisions  of  the  general  law  of  the  state  for  transposing 
and  alternating  the  names  of  candidates  shall  apply:  Pro- 
vided, That  no  party  emblem  or  designation  shall  be  placed 
upon  school  election  ballots. 

(167)  SEC.  7.    Except  as  provided  in  this  act,  the  manner 
of  conducting  elections  shall  be  the  same  as  provided  in  the 
general  school  laws  of  this  state  and  any  local  act  in  force 
in  such  district. 

(168)  SEC.  8.    This  act  shall  not  be  in  force  or  take  effect 
in  any  district  until  a  majority  of  the  voters  voting  on  such 
proposition  shall  vote  in  favor  of  the  same.     Such  proposi- 
tion may  be  submitted  to  the  voters  of  any  school  district  at 
such  time  or  times  as  the  board  of  education  of  such  district 
shall   determine,  and  when  submitted,  the  ballot  for  voting 
thereon  shall  be  in  substantially  the  following  form: 

"Shall  this  school  district  be  divided  into  voting  precincts 
and  registration  of  voters  made  and  elections  hereafter  held 
in  such  several  voting  precincts? 

Yes    [  ] 

No  [  ]" 

(169)  SEC.  9.    If  any  election  district  has  elected  to  corne 
under  the  provisions  of  this  act,  such  district  may  at  any 
time   after   two   years,    upon    a   petition   signed   by   ten   per 
cent  of  the  qualified  electors  in  said  district,  re-submit  the 
question   of  the  continuance  or  discontinuance  of    this    act 
within   such  district.     The  form  of  the  proposition  for  the 
re-submission  of  the  question  shall  be  drafted  by  the  board 
of  education  when   submitted   at  any  succeeding   special  or 
general  election. 


Ballot. 


Re-submission. 


Form. 


MISCELLANEOUS  PROVISIONS  RELATIVE  TO  EDU- 
CATION  AND   THE   SCHOOLS. 

TEXT  BOOKS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  free  school  text- 
books in,  public  schools  throughout  the  state,  and  the  distribution 
of  the  same,  and  to  repeal  all  statutes  and  acts  contravening  the 
provisions  of  this  act. 

[Act   147,   P.   A.    1889.] 

The  People  of  the  State  of  Michigan  enact: 

when  board         (170)      §  4775.     SECTION  1.     From  and  after  June  thirty, 
textbooks6      eighteen  hundred  ninety,  each  school  board  of  the  state  shall 
purchase,  when  authorized  as  hereinafter  provided,  the  text- 
books used  by  the  pupils  of  the  schools  in  its  district.   Text- 


GENERAL  SCHOOL  LAWS.  77 

books  once  adopted  under  the  provisions  of  this  act  shall 
not  be  changed  within  five  years :     Provided,  That  the  text-  Proviso. 
book  on  the  subject  of  physiology  and  hygiene  must  be  ap- 
proved by  the  state  board  of  education  and  shall  in  every 
way  comply  with  section  fifteen  of  act  number  one  hundred 
sixty-five  of  the  public  acts  of  eighteen  hundred  eighty-seven, 
approved   June   nine,    eighteen    hundred   eighty-seven :     And  Further 
Provided  further,  That  all  text-books  used  in  any  school  dis-  F 
trict  shall  be  uniform  in  any  one  subject. 

Am.  1915,  Act  52. 

The  section  above  referred  to  is  section  61. 

FREE  TEXT-BOOKS  :  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation. — 
Bd.  of  Education  v.  Detroit,  80  /  548. 

TEXT-BOOKS :  The  provision  of  the  law  that  books  once  adopted  shall 
not  be  changed  within  five  years  was  designed  to  protect  the  public  and  not 
for  the  benefit  of  book  publishers. — Att'y  Gen'l  vs.  Bd.  of  Ed.,  133  /  681. 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  text-book 
for  use  in  the  schools  constituted  an  adoption  of  that  book.  The  five  years 
began  to  run  from  the  date  of  such  resolution,  not  from  the  time  the  book 
was  completely  installed  in  the  school.  A  resolution  of  the  board  to  pur- 
chase certain  -text-books  for  "supplementary  use"  shows  no  intention  to 
adopt,  and  is  illegal  and  void. — Att'y  Gen'l  ex  rel.  Marr  v.  Bd.  of  Edu.  De- 
troit ;  D.  C.  Heath  &  Co.  v.  same,  133  /  681. 

Under  its  organic  act  (Act  233  of  1869)  the  Detroit  board  of  education  can- 
not buy  school  books  for  high  school  students  and  sell  them  at  cost. — Attorney 
General  v.  Bd.  of  Ed.  of  Detroit,  175  /  438. 

(171)     §  4776.     SEC.  2.    .The  district  board  of  each  school  g^rd^ 
district  shall  select  the  kind  of  text-books  on  subjects  enumer-  the  kind. 
ated  in  section  one  to  be  taught  in  schools  of  their  respective 
districts:    Provided,  That  nothing  herein  contained  shall  re- Proviso, 
quire  any  change  in  text-books  now  in  use  in  such  district. 
They  shall  cause  to  be  posted  in  a  conspicuous  place,  at  least  Notice  to 
ten  days  prior  to  the  first  annual  school  meeting  from  and  quest?™, 
after  the  passage  of  this  act,  a  notice  that  those  qualified  to 
vote  upon  the  question  of  raising  money  in  said  district  shall 
vote  at  such  annual  meeting  to  authorize  said  district  board 
to  purchase  and  provide  free  text-books  for  the  use  of  the 
pupils  in  said  district.     If  a  majority  of  all  the  voters  as 
above  provided  present  at  such  meeting  shall  authorize  said 
board  to  raise  by  tax  a  sum  sufficient  to  comply  with  the  pro- 
visions of  this  act,  the  district  board  shall  thereupon  make  a 
list  of  such  books  and  file  one  copy  with  the  township  clerk 
and  keep  one  copy  posted  in  the  school,  and  due  notice  of  such 
action  by  the  district  shall  be  noted  in  the  annual  report  to 
the  superintendent  of  public  instruction.    The  district  board 
shall  take  the  necessary  steps  to  purchase  such  books  for  the 
use  of  all  pupils  in  the  several  schools  of  their  district,  as 
hereinafter  provided.    The  text-books  so  purchased  shall  be  B£o1^0  Jjf 
the  property  of  the  district  purchasing  the  same,  and  shall  be  dfstrfctfetc. 
loaned  to  pupils  free  of  charge,  under  such  rules  and  regula- 
tions for  their  careful  use  and  return  as  said  district  board 
may  establish :     Provided,  That    nothing    herein    contained  Proviso. , 
shall  prevent  any  person  from  buying  his  or  her  books  from 
the  district  board  of  the  school   in  which  he  or    she    may 


78 


STATE    OF    MICHIGAN. 


Further 
proviso. 


Board  to 
contract 
with  pub- 
lishers, etc. 


Proviso. 


Board  to 
make  annual 
estimate  of 
amount  to 
be  raised. 


When  director 
to  purchase 
books,  etc. 


Refusal  or 
neglecc  of 
duty  a  mis- 
demeanor. 


Penalty. 


Proviso. 


attend:  Provided  further,  That  nothing  herein  contained 
shall  prevent  any  district  having  once  adopted  or  rejected  free 
text-books  from  taking  further  action  on  the  same  at  any 
subsequent  annual  meeting. 

(172)  §  4777.     SEC.  3.     It  shall  be  the  duty  of  the  dis- 
trict board  of  any  school   district  adopting  free  text-books 
provided  for  in  this  act  to  make  a  contract  with  some  dealer 
or  publisher  to  furnish  books  used  in  said  district  at  a  price 
not  greater  than  the  net  wholesale  price  of  such  books:   Pro- 
vided, That  any  district  may,  if  it  so  desires,  authorize  its 
district  board  to  advertise  for  proposals  before  making  such 
contract. 

(173)  §  4778.    SEC.  4.    The  district  board  of  every  school 
district  in  the  state  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount 
of  money  necessary  to  be  raised  to  comply  with  the  condi- 
tions of  this  act,  and  shall  add  such  amount  to  the  annual 
estimates  made  for  money  to  be  raised  for  school  purposes, 
for  the  next  ensuing  year.     Said  sum  shall  be  in  addition 
to   the  amount  now   provided   by   law  to   be   raised;    which 
amount  each  township  clerk  shall  certify  to  the  supervisor 
of  his  township  to  be  assessed  upon  the  taxable  property  of 
the  respective  districts  as  provided  by  law  for  raising  the 
regular  annual  estimates  of  the  respective  district  boards  for 
school  purposes,  and  when  collected  shall  be  paid  to  the  dis- 
trict treasurer  in  the  same  manner  as  all  other  money  be- 
longing to  said  district  is  paid. 

(174)  §  4779.    SEC.  5.    On  the  first  day  of  February  next 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis- 
trict may  proceed  to  purchase    the    books    required    by    the 
pupils  of  his  district  from  the  list  mentioned  in  section  one 
of  this  act,  and  shall  draw  his  warrant,  countersigned  by  the 
moderator,  upon  the  treasurer  or  assessor  of  the  district  for 
price  of  the  books  so  purchased,  including  the  cost  of  trans- 
portation. 

(175)  §  4780.     SEC.  6.     If  the  officers  of  any  school  dis- 
trict, which  has  so  voted  to  supply  itself  with  text-books, 
shall  refuse  or  neglect  to  purchase  at  the  expense  of  the  dis- 
trict for  the  use  of  the  pupils  thereof,  the  text-books  as  enu- 
merated in  section  one  of  this  act,  or  to  provide  the  money 
therefor  as  herein  prescribed,  each  officer  or  member  of  such 
board  so  refusing  or  neglecting  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  a  court  of 
competent    jurisdiction,    shall    be  liable  to  a  penalty  of  not 
more  than  fifty  dollars  or  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court:     Provided, 
That  any  district  board  may  buy  its  books  of  local  dealers  if 
the  same  can  be  purchased  and  delivered  to  the  director  as 
cheaply  as  if  bought  of  the  party  who  makes  the  lowest  bid 


GENERAL    SCHOOL    LAW'S.  79 

to  the  district  board  :   Provided  further,  That  school  districts  Further 

in   cities  organized  under  special  charters   shall  be  exempt  Provisc 

from  the  provisions  of  this  act,  but  such  districts  may,  when 

so  authorized  by   a  majority  vote  of  their  district  boards,  in  cities 

submit  the  question  of  free  text-books  to  the  qualified  voters 

of  said  districts.    If  a  majority  of  the  qualified  electors  vote 

in  favor  of  furnishing  free  text-books,  such  district  boards 

shall  have  authority  to  proceed  under  the  provisions  of  this 

act. 


SPECIAL  CHARTERS  :  The  action  of  the  Detroit  board  of  education,  In 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  sec- 
tion, was  held  absolutely  void.  —  Bd.  of  Ed.  v.  Detroit,  80/551. 


An  Act  to  regulate  the  sale  of  school  textbooks. 
[Act  315,   P.   A.   1913.] 

The  People  of  the  Slate  of  Michigan  enact: 

(170)     SECTION  1.     No  person  shall  offer  any  school  text-  Conditions, 
book  for  adoption,  sale  or  exchange  in  the  state  of  Michigan 
until  he  shall  have  complied  with  the  following  conditions: 

1.  He  shall  file  copies  of  all  text-books  sold  by  the  com- Copies  filed, 
pany  manufacturing  such  book,    in    the    office    of    the  state 
superintendent  of  public  instruction  with  a  sworn  statement 

of  the  usual  list  price,  the  lowest  wholesale  price,  and  the 
lowest  exchange  price  at  which  said  book  is  sold  or  exchanged 
for  an  old  book  on  the  same  subject  of  like  grade  and  kind 
but  of  a  different  series. 

2.  He  shall  file  with  the  state  superintendent  of  public  Bond- 
instruction  a  bond  running  to  the  people  of  the  state  of  Mich- 
igan,  writh   a  responsible  surety  company   authorized   to   do 
business  in  the  state  of  Michigan  as  surety  thereon,  in  a  penal 
sum  to  be  determined  by  the  state  superintendent  of  public 
instruction,  not  less  than  two  thousand  dollars  nor  more  than 

ten  thousand  dollars,  conditioned  as  follows: 

(a)  That  he  will  furnish  any  of  the  books  listed  in  said  Price- 
statement  and  in  any  other  statement  subsequently  filed  by 
him  within  five  years,  to  any  school  district  and  any  school 
corporation    in   the   state   of   Michigan   at   the   lowest  price 
contained  in  said  statement  and  that  he.  will  maintain  said 
price  uniformly  throughout  the  state; 

(b)  That  he  will   reduce  such   prices    automatically    in 
Michigan  whenever  reductions  are    made    elsewhere    in    the 
United  States,  so  that  at  no  time  shall  any  book  so  filed  and 
listed  by  him  be  sold  in  the  state  of  Michigan  at  a  higher 
net  price  than  is  received  for  such  book  elsewhere  in  the 
United  States; 


80 


STATE    OF    MICHIGAN. 


Quality. 


Special 
edition. 


Understand- 
ing, agree- 
ment, etc. 


Bond  ap- 
proved, time 
in  force,  etc. 


Annual  list. 


Superinten- 
dents, etc., 
duty  of. 


Proviso. 


Failure  to 
comply  with 
requirements. 


(c)  That  all  text-books  offered  for  sale,  adoption,  or  ex- 
change in  the  state  of  Michigan,  shall  be  equal  in  quality  to 
those  deposited  in  the  office  of  the  state  superintendent  of 
public   instruction   as  regards   paper,   binding,    print,    illus- 
trations, subject  matter,  and  all  other  particulars  that  may 
affect  the  value  of  such  text-books; 

(d)  In  case  he  shall  prepare  an  abridged  or  special  edition 
of  any  of  the  books  so  listed  by  him,  and  shall  sell  such 
special  edition  elsewhere  at  a  lower  wholesale  price  than  the 
wholesale  price  scheduled  with  the  state  superintendent,  he 
shall   file   a   copy   of  such    special  edition  together  with  the 
price  therefor,  as  above  stated,  with  the  state  superintendent 
of  public  instruction; 

(e)  He  shall   not  enter   into   any  understanding,   agree- 
ment or  combination  to  control  the  prices  or  to  restrict  com- 
petition in  the  sale  of  school  textbooks. 

(177)  SEC.  2.     Such  bond  shall  be  approved  by  the  at- 
torney general  and  shall  continue  in  force  for  the  period  of 
five  years  after  its  filing,  at  or  before  the  expiration  of  which 
period  a  new  bond  shall  be  given,  or  the  right  to  continue 
business  within  the  state  shall  be  forfeited. 

(178)  SEC.  3.    The  state  superintendent  of  public  instruc- 
tion shall,  within  thirty  days  after  the  filing  of  any  list  and 
bond,  send  a  copy  of  the  list  to  the  school  authorities  in  each 
district  in  the  state,  and  he  shall  annually  publish  and  send 
to  each  school  district  in  the  state,  a  copy  of  all  such  lists 
then  in  force  in  his  office. 

(179)  SEC.  4.     It  shall  be  the  duty  of  all  superintendents 
and  principals  of  schools  in  the  several  districts  of  this  state, 
to  notify  the  county  commissioner  of  schools  of  the  county 
in  which  they  respectively  reside,  of  any  violation  of  any  of 
the  conditions  contained  in  said  bond  that  shall  come  to  their 
knowledge:    Provided,  That  in  school   districts   included  in 
whole  or   in   part   within   the  limits  of  incorporated   cities 
such  reports  shall  be  made  to  the  board  of  education  of  the 
district,  and  it  shall  thereupon  be  the  duty  of  such  county 
school   commissioners,   and  of  such   boards  of  education  to 
investigate  the  alleged  violation,  and  if  they  shall  determine 
that  there  is  good  ground  for  believing  that  said  conditions 
have  actually  been  violated,  they  shall  forthwith  report  the 
matter  to  the  state  superintendent  of  public  instruction,  and 
he    shall  thereupon  notify  the  person  guilty  of  such  viola- 
tion to  comply  with  the  conditions  of  his  said  bond  and  to 
make  good  any  loss  or  injury  that  may  have  been  occasioned 
by    such    violation  within  a  reasonable  time  to  be  inserted 
in  said  notice.     If  the  person  so  notified  shall  fail  to  comply 
with  the  requirements   of  the  notice,  the  said  superintend- 
ent of  public  instruction  may  thereupon  suspend  his  right  to 
sell  school  text-books  within  the  state  of  Michigan  until  he 
shall  so  comply.    In  case  any  person  who  has  given  the  bond 


GENERAL  SCHOOL  LAWS.  81 

aforesaid  shall  refuse  to  comply  with  the  provisions  thereof, 
or  shall  persistently  violate  the  same  the  said  superintend- 
ent of  public  instruction  shall  declare  his  bond  forfeited  and 
the  attorney  general  shall  bring  suit  thereon  in  any  court 
having    jurisdiction   thereof.     In    case    judgment    shall    be  Judgment 
rendered  in  favor  of  the  state  on  such  bond,  judgment  shall  r€ 
be  entered  and  damages  assessed  for  the  penal  amount  there- 
of, and  when  paid,  it  shall  be  placed  to  the  credit  of  the  pri- 
mary school   interest  fund.     In  case  judgment  is  rendered-  _ 
against  the  principal  in  such  bond,  he  shall  be  barred  from 
further  continuance  of  his  business  within  the  state  of  Michi- 
gan for  a  period  of  five  years. 

(180)  SEC.  5.     No  person  shall  secure  or  attempt  to  se-  inducement, 
cure  the  sale  of  any  school  text-books  in  any  school  district  in  pl 

this  state  by  rewarding  or  promising  to  reward  any  teacher 
in  any  school  in  the  state  or  by  securing  for  him  any  position 
in  any  other  school.  No  person  shall. offer  or  give  any  emolu- 
ment, money  or  other  valuable  thing,  promise  of  work  or 
any  other  inducement  to  any  teacher  or  school  officer  in 
any  school  district  for  any  vote  or  promise  of  vote  or  for 
the  use  of  his  influence  for  any  school  text-book  to  be  used 
in  this  state:  Provided,  That  nothing  in  this  section  shall  Proviso, 
be  construed  to  prevent  any  person  from  giving,  or  any 
school  officer  or  teacher  from  receiving,  a  reasonable  number 
of  sample  copies  of  school  text-books  for  examination  with  a 
view  to  obtaining  information  as  to  the  book  or  series  of 
books  for  which  such  officer  shall  give  his  vote. 

(181)  SEC.  G.     It  shall  be  unlawful  for  any  retail  dealer  Books  listed, 
in  text-books  to  sell  any  books  listed  with  the  state  super- 
intendent of  public  instruction  as  hereinbefore  provided  at  a 

price  to  exceed  fifteen  per  cent  advance  on  the  net  whole- 
sale price  as  so  listed. 

(182)  SEC.  7.     School  districts  are  hereby  authorized  to 
purchase  text-books  from  the  publishers  at  the  prices  listed 
with  the  state  superintendent  of  public  instruction  as  here- 
inbefore provided  and  to   sell   said  books  to  the  pupils  at 
said  listed  prices  or  at  such  prices  as  will  include  the  cost 
of  transportation  and  the  cost  of  handling. 

(183)  SEC.  8.     School  districts  are  hereby  authorized  to 
purchase  text-books  from  the  publishers  at  the  prices  listed 
with  the  state  superintendent  of  public  instruction  as  herein- 
before provided  and  to  designate  a  retail  dealer  or  dealers 
to  act  as  the  agent  of  the  district  in  selling  text-books  to 
pupils.     The  said  dealer  or  dealers    shall    at    stated  times  settlements. 
make  settlement  with  the  district  for  such   books   as  have 

been  sold  up  to  the  stated  time.  Said  dealer  or  dealers  shall 
not  sell  text-books  at  a  price  which  shall  exceed  a  ten  per 
cent  advance  on  the  net  wholesale  price  as  listed  with  the 
state  superintendent  of  public  instruction. 

11 


82 


STATE    OF    MICHIGAN. 


Re-sale  of 
books. 


(184)  SEC.  9.     The    word    "person"  as  used  in  this  act 
shall  include  firms,  associations  and  corporations. 

(185)  SEC.  10.     When  a  family  removes  from  one  school 
district  to  another  within  the  state,  the  treasurer  of  the  dis- 
trict shall  purchase,  out  of  the  contingent  fund,   the  text- 
books in  actual  use  by  the  children  of  the  family  at  a  fair 
price,  based  on  the  condition  of  the  books;  the  said  books  to 
be  re-sold,  when  necessary,  to  other  pupils  moving  into  the 
said  district. 

(186)  SEC.   11.     Any  person  violating  any  of  the  provi- 
sions of  this  act  shall,  on  conviction  thereof,  be  punished  by 
fine  not  exceeding  five  hundred  dollars,  or  by  imprisonment 
not  exceeding  three  months,  or  by  both  such  fine  and  im- 
prisonment at  the  discretion  of  the  court. 


Penalty. 


Sec.   12  repeals  all  inconsistent  acts  or  parts  of  acts. 


SYSTEM  OF  HUMANE  EDUCATION. 

An  Act  to  provide  a  system  of  humane  education,  which  shall  in- 
clude kind  treatment  to  domestic  and  wild  animals  and  birds. 


[Act  227,   P.   A.   1913.] 


The  People  of  the  State  of  Michigan  enact: 


Education  in 
public  schools 


(187)  SECTION  1.   For  the  purpose  of  lessening  crime  and 
raising  the  standard  of  good  citizenship,  and  inculcating  the 
spirit  of  humanity,  such  humane  education  shall  be  given  in 
the  public  schools  as  shall  include  the  kind  and  just  treat- 
ment of  horses,  dogs,  cats,  birds,  and  all  other  animals. 

(188)  SEC.  2.     In  every  public  school  within  this  state,  a 
portion  of  the  time  shall  be  devoted  to  teaching  the  pupils 
thereof  kindness  and  justice  to,  and  humane  treatment  and 
protection  of,  animals  and  birds,  and  the  important  part  they 
fulfill  in  the  economy  of  nature.     It  shall  be  optional  with 
each  teacher  whether  such  teaching  shall  be  through  humane 
reading,    stories,   narratives   of    daily    incidents    or   illustra- 

Part  of  study,  tions  taken  from  personal  experience.  This  instruction  shall 
be  a  part  of  the  curriculum  of  study  in  all  the  public  schools 
of  the  state  of  Michigan. 

(189)  SEC.  3.     The  principal  or  teacher  of  every  school 
shall  certify  in  his  or  her  reports  that  such  instruction  has 
been  given  in  the  school  under  his  or  her  control. 


Teaching  of 
kindness,  etc. 


How  taught. 


Certified 
reports. 


GENERAL  SCHOOL  LAWS.  83 


KINDERGARTEN   WORK. 

An  Act  authorizing  the  introduction  of  the  kindergarten  method  in 
the  public  schools  »of  this  state. 

[Act   119,   P.   A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 
(190)     §  4792.    SECTION  1.    That  in  addition  to  the  duties  Duty  of 

'     ,       ,  ,  ,        -,•,•,    i          -i»  i       -i    -i  •      disuict 

imposed  by  law  upon  the  district  board  of  every  school  dis-  board. 
trict  in  this  state,  they  shall  also  be  empowered  to  provide 
a  suitable  room  or  apartment  for  kindergarten  work,  and 
to  supply  their  district  respectively  with  the  necessary  ap- 
paratus and  appliances  for  the  instruction  of  children  in 
what  is  known  as  the  kindergarten  method. 

As  to  certificates,  and  payment  of  kindergarten  teachers,  see  section  194. 


(191)  §  4793.    SEC.  2.     In  the  employment  of  teachers  it 

shall  be  competent  for  such  district  board  to  require  qualifi-  teachers,  etc. 
cations  for  instruction  of  children  in  kindergarten  methods, 
and  the  district  board  may    provide    by    contract    with    the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe. 

(192)  §  4794.     SEC.  3.     All  children  residing  within  the  wha^chUdre 
district  between  the  ages  of  four  and  seven  shall  be  entitled  fnstruction. 
to  instructions  in  the  kindergarten  department  of  such  dis- 

trict school. 

(193)  §  4795.    SEC.  4.    The  powers  and  duties  herein  im-  A«t  to  apply 
posed  or  conferred  upon  the  district  shall  also  be  and  the  othe?  schools. 
same  are  hereby  imposed    and    conferred    upon  the  school 
trustees  or  board  of  education  or  other  body,  by  whatever 

name  known,  managing  or  controlling  the  public  schools  in 
each  city  and  village  of  this  state;  and  this  act  is  hereby 
made  applicable  to  every  public  school  organized  by  special 
act  or  by  charter  as  fully  as  if  they  were  named  herein. 

As  to  certificates,  and  payment  of  kindergarten  teachers,  see  section  194. 


QUALIFICATIONS  OF  KINDERGARTEN,  MUSIC  AND    DRAWING 

TEACHERS. 

An  Act  to  define  the  legal  qualifications  of  kindergarten,  music,  and 
drawing  teachers  in  the  state. 

[Act  166,  P.  A.  1901.] 
The  People  of  the  State  of  Michigan  enact: 

(194)     SECTION  1.     Any  person  who  is  a  graduate  of  any  Kindergarten 
kindergarten  training  school,  whose  course  of  study  is  ap- who1  may6' 
proved  by  the  superintendent  of  public  instruction  of  this be  ffranted- 
state,  and  who  holds  also  a  teacher's  certificate  or  a  diploma 


84 


STATE    OF    MICHIGAN. 


Pay  au- 
thorized. 


Qualification 
necessary  for 
obtaining 
certificate. 


from  a  reputable  college  of  the  state  or  from  a  high  school 
having  a  four  years'  high  school  course,  may  be  granted  a 
kindergarten  certificate  by  said  superintendent  of  public  in- 
struction, and  such  person  holding  such  certificate  shall  be 
considered  a  legally  qualified  kindergarten  and  first  grade 
teacher;  and  any  district  board  shall  be  authorized  to  pay 
such  teacher  for  kindergarten  and  first  grade  instruction 
from  the  same  fund,  and  in  the  same  manner  as  other  teach- 
ers are  now  paid. 

Am.  1905,  Act  24  ;  1909,  Act  111. 
See  sections  190-193. 

(195)  SEC.  2.    Any  person  who  has  finished  a  course  of  at 
least  two  years  in  music,  domestic  science  and  art,  manual 
training  or  physical  training  in  the  university  of  the  state 
of  Michigan,  or  in  any  of  the  state  normal  schools,  or  in  any 
college  incorporated  under  the  general  laws  of  the  state,  or 
in  any  other  institution  whose  course  of  study  is  acceptable 
to  the  superintendent  of  public  instruction,  and  any  person 
who  has  finished  a  course  of  at  least  one  year  in  drawing  in 
any  of  the  aforesaid  institutions,  or  in  any  other  institution 
whose  course  of  study-  is  acceptable  to  the  superintendent  of 
public   instruction,   and  who  shall  present  to  said  superin- 
tendent of  public   instruction  a  statement  from  the  proper 
authorities   of  the  institution  certifying  to  the  fact  of  the 
completion  of  the  required  amount  of  work,  may  be  granted 
respectively  a  music  'teacher's  certificate,  a  domestic  science 
and   art    teacher's    certificate,    a    manual    training    teacher's 
certificate,  a  physical  training  teacher's  certificate  or  a  draw- 
ing teacher's  certificate;  and  any  person  holding  such  certifi- 
cate shall  be   considered  a  legally   qualified  teacher  in   the 
subject  named  in  the  certificate;  and  any  district  board  or 
board  of  education  shall  be  authorized  to  pay  such  teacher 
for  instruction  in  the  subject  for  which  such  teacher  is  thus 
qualified   from  the  same  fund  and  in  the  same  manner  as 
other  teachers  are  now  paid:     Provided,  That  cities  organ- 
ized under  special  law  or  charter  and    maintaining    kinder- 
garten training  schools,  having  a  three  year's  course,  shall 
be  exempt  from  the  provisions  of  this  act. 

Am.  1905,  Act  24  ;  1915,  Act  194. 

(196)  SEC.  3.     Any  person  who  has  finished  a  course  of 
at  least  two  years  in  music  under  a  private  instructor,  and 
who  shall  pass  an  examination  satisfactory  to  the  musical 
director  of  any    state    normal    school    in    Michigan,  may  be 
granted  a  music  teacher's  certificate  as  provided  in  section 
two  hereof. 


How  paid. 


Proviso. 


Music 

teacher's 

certificate. 


Added  1905,  Act  24. 


GENERAL    SCHOOL    LAWS.  85 


STUDY  OF  DANGEROUS  DISEASES. 

An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases. 

[Act   146,   P.   A.   1895.] 

The  People  of  the  State  of  Michigan  enact: 

(197)  §  4796.     SECTION  1.    There  shall  be  taught  in  every  instruction, 
year  in  every  public  school  in  Michigan  the  principal  modes 

by  which  each  of  'the  dangerous  communicable  diseases  are 
spread  and  the  best  methods  for  the  restriction  and  preven- 
tion of  each  such  disease.  Such  instruction  shall  be  given  by 
the  aid  of  text-books  on  physiology,  supplemented  by  oral 
and  blackboard  instruction.  From  and  after  July  first,  nine- 
teen hundred  ten,  no  text-book  on  physiology  shall  be 
adopted  for  use  in  the  public  schools  of  this  state,  unless  it 
shall  give  at  least  one-eighth  of  its  space  to  the  causes  and 
prevention  of  dangerous  communicable  diseases.  Text-books  Text-books, 
used  in  giving  the  foregoing  instruction  shall,  before  being  aPProval  of- 
adopted  for  use  in  the  public  schools,  have  that  portion  given 
to  the  instruction  in  communicable  diseases  approved  by  the 
state  board  of  health  to  the  state  board  of  education. 

Am.   1909,  Act  141. 

(198)  §  4797.     SEC.  2.     Neglect  or  refusal  on  the  part  of  Penalty, 
any  superintendent  or  teacher  to  comply  with  the  provisions 

of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal 
from  the  school  by  the  school  board.  Any  school  board  wil- 
fully neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.  This  act 
shall  apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 


FIRE  DRILLS    IN  SCHOOLS. 

[Extract  from  Act  178,  P.  A.  1915.] 

(199)     SEC.  10.    It  shall  be  the  duty  of  the  state  fire  mar-  Fire  drills  in 
shal  and  deputy  and  assistant  fire  marshals  to  require  teach- schools- 
ers  of  public  and  private  schools  and  educational  institutions 
to  have  one  fire  drill  each  month  and  to  keep  all  doors  and 
exits  unlocked  during  school  hours,,  and  it  shall  be  the  duty 
of  such  teachers  to  comply  with  these  requirements. 


STATE    OF   MICHIGAN. 


PUBLICATION    OF  PROCEEDINGS   OF  ANNUAL   SCHOOL 
MEETINGS. 

An  Act  to  provide  for  the  publication  of  the  proceedings  of  the  an- 
nual school  meeting,  and  an  annual  financial  statement  in  graded 
school  districts  in  which  a  newspaper  is  published,  and  to  provide 
for  the  expense  thereof,  and  fixing  a  penalty  for  failure  to  make 
such  publication. 

[Act   185,   P.   A.   1897.] 


Proceedings 
of  annual 
school  meet- 
ings, to  he 
published. 


Penalty  for 
neglect. 


The  People  of  the  State  of  Michigan  enact: 

(200)  §  4800.     SECTION  1.     Previous  to  the  first  Monday 
in  August  of  each  year  the  board  of  education  or  board  of 
trustees,  as  the  case  may  be,  of  each  graded  school  district 
in  this  state  shall  cause  to  be  published  in  a  newspaper  pub- 
lished in  said  district  or  in  the  county  in  which  said  district 
is  located,  said  newspaper  to  be  designated  by  said  board  of 
education,    a    complete   statement  of  the  proceedings   of   the 
annual   school   meeting   and    an  itemized  financial  statement 
of  the  receipts  and  expenditures  of  said  district  during  the 
preceding  school  year,  the  expense  of  said  publication  to  be 
paid  out  of  the  general  fund  of  the  district. 

Am.  1905,  Act  305. 

(201)  §  4801.     SEC.  2.     If  any  board    of    education    or 
board  of  trustees  shall  fail  or  neglect  to  comply  with  the  pro- 
visions of  this  act  each  member  of  any  such  board  shall  for- 
feit the  sum  of  ten  dollars  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction. 

Am.  Id. 


Flags  and 
appliances 
to  be  pur- 
chased. 


Time  for 
displaying. 


DISPLAY  OF  U.  S.  FLAGS. 

An  Act  to  provide  for  the  purchase  and  display  of  United  States  flags 
in  connection  with  the  public  school  buildings  within  this  state. 

[Act   56,   P.    A.    1895.] 

The  People  of  the  State  of  Michigan  enact: 

(202)  §  4802.  SECTION  1.  That  the  board  of  education 
or  the  board  of  school  trustees  in  the  several  cities,  town- 
ships, villages  and  school  districts  of  this  state  shall  pur- 
chase a  United  States  flag  of  a  size  not  less  than  four  feet 
two  inches  by  eight  feet  and  made  of  good  flag  bunting  "A," 
flag  staff  and  the  necessary  appliances  therefor  and  shall  dis- 
play said  flag  upon,  near,  or  in  a  conspicuous  place  within, 
the  public  school  building  during  school  hours  and  at  such 


GENERAL  SCHOOL  LAWS.  87 

other  times  as  to  the  said  board  may  seem  proper;  and  that  Expense  to 
the  necessary  funds  to  defray  the  expenses  to  be  incurred  fio 
herein  shall  be  assessed  and  collected  in  the  same  manner  as  moneys, 
moneys  for  public  school  purposes  are  collected  by  law.   And  Penalty. 
the  penalties  for  neglect  of  duty  provided  in  section    two, 
chapter  thirteen   of  the  general  school  laws,  shall  apply  to 
any  school  officer  refusing  to  comply  with  the  provisions  of 
this  act. 


OBSERVANCE   OF  HOLIDAYS. 

An  Act  designating  the  days  to  be  observed  as  holidays  in  the  public 
schools  of  this  state. 

[Act  11,  P.  A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 

(203)      SECTION  1.     The  following  days,  namely,  the  first  Holidays, 
day  of  January,  commonly  called  New  Year's  day,  the  thir- 
tieth    day    of    May,    commonly    called    Memorial    day,    the 
fourth  day  of  July,  the  first  Monday  of  September,  common- 
ly called  Labor  day,  and  the  twenty-fifth  day  of  December, 
commonly  called  Christmas  day,  all  Saturdays  and  all  days 
appointed  or  recommended  by  the  governor  of  this  state  or 
the  President  of  the  United  States  as  days  of  fasting  and 
prayer  or  thanksgiving  shall,  in  all  the  public  schools  of  this 
state,  be  treated  and  considered  as  public  holidays  and  on 
such  above  specified  days  there  shall  be  no  school  sessions 
in  any  of  such  public  schools  of  this  state:     Provided,  That  Proviso, 
the  salary  of  school  officers  and  teachers  shall  be  in  no  way  sa 
affected  by  reason  of  the  dismissal  of  school  on  any  of  the 
above  mentioned  days :     Provided  further,    That  on  the  fol-  Further 
lowing  days,  namely,  the  twelfth  day  of  February,  common-  SSJSvance  of 
ly  called  Lincoln's  birthday,  the  twenty-second  day  of  Febru-  other  days- 
ary,  commonly  called  Washington's  birthday,  and  the  twelfth 
day  of  October,  commonly  called  .Columbus  day,  it  shall  be 
the  duty  of  all  school  officers  and  teachers  to  have  the  schools 
under  their  respective  .charge  observe  such  mentioned  days, 
namely,  the  twelfth  day  of  February,  the  twenty-second  day 
of  February,  and  the  twelfth  day  of  October,  by  proper  and 
appropriate  commemorative  exercises,  and    such    days    shall 
not  be  considered  as  legal  holidays  for  schools.     It  shall  be  Declaration 
the  duty  of  every  teacher  in  the  public  schools  of  this  state 
to  cause  the  Declaration  of  Independence  to  be  read  to  his 
or  her  pupils  above  the  fifth  grade  on  said  days.    Any  teacher 
neglecting  to  perform  the  duty  hereby  imposed  shall  be  liable 
to  have  his  or  her  certificate  revoked  by  the  county  commit- 


88 


STATE    OF    MICHIGAN. 


sioner  of  schools  or  by  the  superintendent  of  public  instruc- 
tion. 

Am.   1915,   Act  223. 

(204)  SEC.  2.  Hereafter  in  all  examinations  for  eighth 
grade  diplomas,  all  applicants  shall  be  required  as  a  part  of 
said  examination  to  write  from  memory  the  first  verse  of  the 
Star  Spangled  Banner  and  the  words  of  America. 

Added  Id. 


Requirement 
for  eighth  ' 
grade 
diploma. 


Reports  to 
be  made  to 
superintend- 
ent of  public 
instruction. 


Contents 
of  report. 


RETURNS  FROM  ACADEMIES. 

An  Act  requiring  certain  returns  to  be  made  from  incorporated  acad- 
emies,  and  other  literary  institutions. 

[Act  19,  S.  L.  1839.] 

Be  it  enacted  &?/  the  Senate  and  House  of  Representatives  of 
the  State  of  Michigan: 

(205)  §  4803.  SECTION  1.  That  it  shall  be  the  duty  of 
the  president  of  the  board  of  trustees  of  every  organized  acad- 
emy, or  literary  or  collegiate  institution,  heretofore  incorpo- 
rated or  hereafter  to  be  incorporated,  to  cause  to  be  made  out 
by  the  principal  instructor,  or  other  proper  officer,  and  for- 
warded, by  mail  or  otherwise,  to  the  office  of  the  superintend- 
ent of  public  instruction,  between  the  first  and  fifteenth  days 
of  December,  in  each  year,  a  report,  setting  forth  the  amount 
and  estimated  value  of  real  estate  owned  by  the  corpora- 
tion, the  amount  of  other  funds  and  endowments,  and  the 
yearly  income  from  all  sources,  the  number  of  instructors, 
the  number  of  students  in  the  different  classes,  the  studies 
pursued,  and  the  books  used,  the  course  of  instruction,  the 
terms  of  tuition,  and  such  other  matters  as  may  be  specially 
requested  by  said  superintendent,  or  as  may  be  deemed 
proper  by  the  president  or  principal  of  such  academies  or  in- 
stitutes, to  enable  the  superintendent  of  public  instruction 
to  lay  before  the  legislature  a  fair  and  full  exhibit  of  the 
affairs  and  condition  of  said  institutions. 


Regents 
may  grant 
certifica 


tes. 


TEACHERS'   CERTIFICATES. 

An  Act  to  authorize  the  regents  of  the  university  of  Michigan  to  grant 
teachers'  certificates  in  certain  cases,  and  to  repeal  act  one  hun- 
dred forty-four  of  the  public  acts  of  eighteen  hundred  ninety-one, 
and  all  other  acts  or  parts  of  acts  contravening  the  provisions 
of  this  act. 

[Act   213,   P.    A.    1903.] 

The  People  of  the  State  of  Michigan  enact: 

(206)     SECTION  1.    The  regents  of  the  university  of  Michi- 
gan, through  the  faculty  of  the  department  of  literature,  sci- 


GENERAL    SCHOOL    LAWS.  89 

ence  and  the  arts,  may  grant  to  every  person  receiving  a  bach- 
elor's, master's  or  doctors  degree,  and  also  a  teacher's  di- 
ploma for  work  done  in  the  science  and  the  arts  of  teaching 
in  said  university,  a  certificate  which  shall  serve  as  a  legal 
certificate  of  qualification  to  teach  in  any  of  the  schools  of 
this  state,  when  a  copy  thereof  shall  have  been  filed  or  re- 
corded in  the  offices  of  the  legal  examining  officer  or  officers 
of  the  county,  township,  city  or  district  where  such  person 
expects  to  teach.  Such  certificate  shall  not  be  liable  to  be -Certificate 
annulled  except  by  the  said  board  of  regents;  but  its  effect  Annulled. 
may  be  suspended  in  any  county,  township,  city  or  district 
and  the  holder  thereof  may  be  stricken  from  the  list  of  quali- 
fied teachers  in  such  county,  township,  city  or  district  by  the 
legal  examining  officer  or  officers  of  the  said  county,  town- 
ship, city  or  district  for  any  cause  and  in  the  same  manner 
that  such-  examining  officer  or  officers  may  be  by  law  author- 
ized to  revoke  certificates  granted  by  himself  or  themselves, 
and  such  suspension  shall  continue  in  force  until  revoked  by 
the  authority  suspending :  Provided,  That  the  said  board  of  Proviso, 
regents  may  recognize  and  give  credit  for  work  done  in  other 
educational  institutions  in  the  science  and  art  of  teaching,  if 
said  work  is  equivalent  to  the  work  done  in  the  university  of 
Michigan. 

Sec.  2  repeals  Act  144,  P.  A.  1891. 


An  Act  to  authorize  the  state  board  of  education  to  grant  teachers' 
certificates  in  certain  cases. 

[Act   136,   P.   A.    1893.] 

The  People  of  the  State  of  Michigan  enact: 

(207)  §  4805.  SECTION  1.  The  state  board  of  education  Granting 
is  hereby  empowered  to  grant  teachers'  certificates  without 
examination  to  any  person  who  has  received  a  bachelor's, 
master's  or  doctor's  degree  from  any  college  in  this  state 
having  a  course  of  study  actually  taught  in  such  college  of 
not  less  than  four  years  in  addition  to  the  preparatory  work 
necessary  for  admission  to  the  university  of  Michigan,  and 
in  addition  to  or  as  a  part  of  such  work  a  course  in  the 
science  and  art  of  teaching  of  at  least  one  college  year  of  five 
and  a  half  hours  per  week,  and  in  connection  with  this  special 
course  each  student  shall  have  had  opportunity  for  observa- 
tion of  the  actual  work  done  in  the  grades  of  and  high  schools 
of  the  public  schools.  The  special  course  of  study  herein  special 
prescribed  shall  have  been  approved  by  the  state  board  of 
education  before  any  graduate  of  such  institution  shall  re- 
ceive a  teachers'  certificate,  and  before  any  certificate  shall 


90 


STATE    OF    MICHIGAN. 


Life  cer- 
tificates. 


Limited 

term 

certificate. 


Authority  of 
certificate. 


be  issued  to  any  person  the  faculty  of  such  college  shall  give 
to  the  state  board  of  education  its  recommendation  for  each 
student,  stating  that  in  the  judgment  of  the  faculty  the  ap- 
plicant is  entitled  to  receive  such  certificate  and  that  the 
applicant  has  taken  the  prescribed  course  in  the  science  and 
art  of  teaching  and  observation  of  public  school  work.  Each 
person  making  application  to -the  state  board  of  education  for 
a  teachers'  certificate  under  the  provisions  of  this  act  shall 
be  thoroughly  examined  by  the  faculty  of  the  college  and 
shall  be  entitled  to  a  diploma  from  such  college.  The  char- 
acter of  the  examination  shall  be  such  as  to  show  the  qualifi- 
cation and  fitness  of  the  person  for  teaching.  If  the  person 
making  application  for  such  certificate  shall  furnish  to  the 
said  state  board  of  education  satisfactory  proof  of  having 
taught  successfully  for  three  years,  prior  to  graduation  from 
said  college,  said  certificate  shall  be  a  life  certificate,  but  if 
such  proof  is  not  furnished  said  board,  then  the  certificate 
granted  shall  be  for  four  years  only  and  a  life  certificate  may 
at  any  time  thereafter  be  issued  by  said  board  upon  the  filing 
with  the  said  board  of  satisfactory  proof  that  the  applicant 
has  taught  successfully  for  three  years.  Such  certificate  shall 
entitle  the  holder  to  teach  in  any  of  the  public  schools  of 
this  state  without  examination,  provided  a  copy  of  said  cer- 
tificate shall  have  been  filed  or  recorded  in  the  office  of  the 
legal  examining  officer  or  officers  of  the  county  or  city  in 
which  such  person  is  to  teach,  and  such  certificate  shall  be 
revoked  only  by  the  state  board  of  education  and  by  said 
board  only  for  cause  after  a  personal  hearing  of  the  case. 

Am.  1907,  Act  112. 

Duty  of  (208)     §  4806.     SEC.  2.     It  shall  be  the  duty  of  the  said 

board  of  education  to  carefully  examine  any  course  of  study 
in  the  science  and  art  of  teaching  that  may  be  submitted  to  it 
by  the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
such  trustees  with  a  written  certificate  approving  the  same, 
when  instmc-       (209)     §  4807.    SEC.  3.    If,  at  any  time,  the  said  board  of 
dutydofcient'   education  shall  conclude  that  any  college,  the  graduates  of 
board.  which  may  desire  to  receive  such  certificate,   is  not  giving 

such  instruction  in  the  science  and  art  of  teaching  and  in  the 
other  branches  as  shall  be  approved  by  said  board,  then  said 
board  shall  so  determine  by  a  formal  resolution,  and  shall 
give  notice  thereof  to  the  trustees  of  such  college,  and  there- 
after no  teachers'  certificates  shall  be  given  by  said  board  to 
the  graduates  of  such  college  until  said  board  shall  be  satis- 
fied that  proper  instruction  in  the  science  and  art  of  teaching 
and  in  [the]  other  branches  is  given  by  such  college,  and  shall 
certify  such  fact  to  the  trustees  of  such  college. 


GENERAL  SCHOOL  LAWS.  91 


A.n  Act  to  authorize  the  state  board  of  agriculture  to  grant  teachers' 
certificates  in  certain  cases. 

[Act  165,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(210)  SECTION  1.    The  state  board  of  agriculture,  on  rec-  Teacher's 
ommendation  of  the  president  and  heads  of  departments  of 

the  Michigan  agricultural  college,  is  hereby  authorized  to 
grant  to  persons  who  have  completed  the  regular  four  year 
course  in  agriculture,  together  with  a  course  in  padagogics 
covering  at  least  a  half  year's  special  instruction  in  such  sub- 
ject, a  teacher's  certificate,  which  shall  serve  as  a  legal  quali- 
fication to  teach  agriculture  and  the  related  sciences  in  any 
of  the  public  schools  of  this  state  for  the  period  of  three 
years. 

(211)  SEC.   2.     Before   the   certificate  herein   mentioned  Recording 
shall  be  valid  in  any  county  or  city,  the  holder  thereof  shall  valldates- 
record  the  same  in  the  office  of  the  legal  examining  officer  of 

the  county  or  city  where  such  person  expects  to  teach.  Such 
certificate  shall  not  be  liable  to  be  annulled,  except  by  the 
said  state  board  for  any  cause  which  would  have  justified 
the  board  in  withholding  such  certificate. 

(212)  SEC.  3.    The  secretary  of  the  Michigan  agricultural  Record  of, 
college  shall  keep  a  record  of  all   teachers'  certificates    so 
granted  by  said  state  board  of  agriculture  and  shall  furnish 

the  superintendent  of  public  instruction  annually  with  a  copy 
of  such  list. 


COUNTY  COMMISSIONERS  AND  SCHOOL  EXAMINERS. 

An  Act  to  provide  for  the  election  of  a  county  commissioner  of 
schools,  for  the  appointment  of  school  examiners,  [and]  to  define 
the  duties  and  fix  the  compensation  for  the  same,  and  to  repeal 
all  existing  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this  act. 

[Act   147,    P.    A.    1891.] 

The  People  of  the  State  of  Michigan  enact: 

(213)     §  4808.    SECTION  1.    At  each  annual  meeting  of  the  Examiner, 
several  boards  of  supervisors  of  the  different  counties  of  the  X 
state,  the  said  several  boards  of  supervisors  shall  appoint  one 
examiner  who  shall  hold  his  office  for  a  period  of  two  years 
from  and  after  the  first  day  of  January  following  his  or  her 
election,  or  until  his  successor  shall  have  been  appointed  and 
qualified,  and  said  examiner,  together  with  the  commissioners 


92 


STATE    OF    MICHIGAN. 


Eligibility. 


Vacancy. 


Oath,  where 
filed,  etc. 


Bond,  where 
filed,  etc. 


Election  of 
county  com- 
missioner of 
schools. 


File  oath 
and  bond. 


Proviso  as 
to  Chippewa 
county. 


of  schools,  shall  constitute  a  board  of  school  examiners.  Any 
person  shall  be  eligible  to  the  office  of  examiner  who  shall 
hold  at  least  a  second  grade  certificate,  and  has  taught  in  the 
public  schools  at  least  nine  months,  or  who  has  the  qualifica- 
tions required  of  commissioner  in  section  three  of  this  act, 
except  an  experience  of  twelve  months  as  teacher.  In  case  a 
vacancy  shall  occur  at  any  time  in  the  office  of  school  exam- 
iner, the  judge  of  probate,  together  with  the  board  of  school 
examiners  of  the  county  in  which  such  vacancy  shall  have 
occurred,  shall,  within  ten  days  after  the  occurrence  of  such 
vacancy,  appoint  some  suitable  person  to  fill  such  vacancy. 
And  the  person  so  appointed  shall  hold  the  office  for  the  un- 
expired  portion  of  the  term,  or  until  his  or  her  successor  is 
appointed  and  has  qualified.  Within  ten  days  after  such  com- 
missioners or  examiners  shall  have  received  legal  notice  of  his 
or  her  election,  he  or  she  shall  take  and  subscribe  the  consti- 
tutional oath  of  office,  and  the  same  shall  be  filed  with  the 
county  clerk.  The  said  county  commissioner  so  appointed, 
shall  execute  a  bond  with  two  sufficient  sureties  to  be  ap- 
proved by  and  filed  with  the  county  clerk,  in  the  penal  sum 
of  one  thousand  dollars,  conditioned  that  he  or  she  shall 
faithfully  discharge  the  duties  of  his  or  her  office  according 
to  law,  and  to  faithfully  account  for  and  pay  over  to  the 
proper  persons  all  moneys  which  may  come  into  his  or  her 
hands  by  reason  of  his  or  her  holding  such  office;  and  there- 
upon the  county  clerk  shall  report  the  name  and  postoffice 
address  of  such  county  commissioner  to  the  state  superin- 
tendent of  public  instruction. 

Am.  1901,  Act  43  ;  1909,  Act  221. 

This  act  supersedes  Chap.  12  of  Act  1G4  of  1881.  As  to  the  election  of 
school  examiner  under  that  law,  as  amended  by  Act  266  of  1887,  see  Conrad 
v.  Stone,  78/635. 

ELECTION  OF  EXAMINERS  :  The  appointment  by  a  board  of  supervisors 
of  a  member  of  the  board  of  examiners  is  the  transaction  of  ordinary  busi- 
ness for  which  a  majority  of  a  quorum  is  sufficient,  and  the  appointee  is 
not  required  to  receive  the  votes  of  a  majority  of  all  the  members  elected. — 
Rowland  v.  Prentice,  143  /  347. 

(214)  §  4809.  SEC.  2.  There  shall  be  elected  at  the  elec- 
tion held  on  the  first  Monday  in  April,  nineteen  hundred 
three,  and  every  fourth  year  thereafter,  in  each  county,  one 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July,  next  following  his  or  her  election, 
and  who  shall  continue  in  office  four  years,  or  until  his  or 
her  successor  shall  be  elected  and  qualified.  The  county 
commissioner  of  schools  elected  under  the  provisions  of  this 
section  shall  file  with  the  county  clerk  for  the  county  for 
which  he  or  she  is  elected,  his  or  her  oath  of  office  and  bond, 
the  same  as  provided  in  section  one  of  this  act,  and  the  county 
clerk  shall  make  the  same  report  to  the  superintendent  of 
public  instruction  in  all  respects  as  provided  in  section  one 
of  this  act:  Provided,  That  in  the  county  of  Chippewa  the 
commissioner  of  schools'  heretofore  elected  on  the  first  Mon- 
day in  April,  nineteen  hundred  three,  shall  hold  office  until 


GENERAL  SCHOOL  LAWS.  93 

the  first  day  of  January,  nineteen  hundred  nine,  or  until  his 
successor  shall  be  elected  and  qualified.  Hereafter  in  the 
said  county  of  Chippewa,  a  commissioner  of  schools  shall  be 
elected  at  the  general  election  to  be  held  in  November,  nine- 
teen hundred  eight,  and  every  fourth  year  thereafter,  whose 
term  of  office  shall  commence  on  the  first  day  of  January 
next  following  his  or  her  election  :  Provided,  That  in  the  Proviso  as  to 
county  of  Lake  the  commissioner  of  schools  heretofore  elected 
on  the  first  Monday  in  April,  nineteen  hundred  seven,  shall 
hold  office  until  the  first  day  of  January,  nineteen  hundred 
eleven,  or  until  his  successor  shall  be  elected  and  qualified. 
Hereafter  in  the  said  county  of  Lake,  a  commissioner  of 
schools  shall  be  elected  at  the  general  election  to  be  held  in 
nineteen  hundred  ten  and  every  fourth  year  thereafter,  whose 
term  shall  commence  on  the  first  day  of  January  next  fol- 
lowing his  or  her  election. 

Am.  1901,  Act  35;  1905,  Act  169;  1907,  Act  115. 

(215)     §  4810.     SEC.  3.     Persons  eligible  to  hold  the  office  Eligibility. 
of  commissioner  of  schools  must  possess  the  following  quali- 
fications : 

(a)  Twelve  months  experience  as  a  teacher  in  the  public 
schools  of  this  state; 

(b)  Must  be   a  graduate   of  the  literary  department  of 
some  reputable  college,    university,    or    state  normal  school 
having  a  course  of  at  least  three  years  :     Provided,  That  the  Jjgjjgj;, 
holder  of  a  state  teacher's  certificate,  or  of  an  indorsed  first  certificate. 
grade  certificate,  or  of  a  certificate  granted  in  another  state 

and  indorsed  by  the  state  board  of  education  of  this  state, 
shall  be  eligible  in  any  county:     Provided  further,  That  per-  Further 
sons  who  now  hold  the  office  of  commissioner  of  schools  shall  pl 
be  eligible  to  succeed  themselves  :     Provided    further,    That  Further 
in  counties  employing  less  than  fifty  teachers  a  person  hold-  P 
ing  at  the  time  of  his  or  her  election  a  second  grade  certifi- 
cate shall  be  eligible  in  the  county  where  such  certificate  was 
granted,  unless  a  person  qualified  as  heretofore  provided  can- 
not be  secured  to  fill  the  position. 

Am.  1909,  Act  222. 

QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law  or 

e  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify.  Holding  the  office  of 
^retary  of  the  bpard  of  examiners  under  Act  266  of  1887  (amendatory  of 
pponip  S  °£n  i%?n?/7iAch0nUa,v'  -now  superseded)  is  not  a  qualification.— 
People  v.  Hewlett,  94  /  16o.  The  legislative  intent  is  to  keep  up  the  standard 
of  teachers  by  requiring  certain  educational  qualifications  in  the  persons  whose 
pjS.il*  1S  w  e^m^t^«tneachrers  and  determine  their  fitness  for  their  work.— 
People  v.  Hewlett,  94  /  169.  In  the  case  of  Attorney  General  v.  Lewis,  151  / 
81,  it  was  held  that  persons  elected  to  the  oflice  of  commissioner,  and,  holding 


,          , 

the  y^f^^SJSwSS^St  of-f1895'  are  eliSible'  since  the  statute  is  still 
e  act  of  1891  notwithstanding  its  amendments. 


(216)      §   4811.     SEC.  4.     The  board   of  school   examiners 
shall,  for  the  purpose  of  examining  all  persons  who  may  offer  eac 
themselves  as  teachers  for  the  public  schools,  hold  two  regu 


94 


STATE    OF    MICHIGAN. 


lar  public  examinations  in  each  year  at  the  county  seat,  which 
examinations  shall  begin  on  the  last  Thursday  of  April  and 
the  second  Thursday  of  August  of  each  year.  From  these  two 
examinations  certificates  of  all  grades  may  be  granted.  It 
shall  be  the  duty  of  the  county  commissioner  to  make  out  a 
schedule  of  the  times  and  places  of  holding  such  examinations 
and  to  cause  it  to  be  published  in  one  or  more  newspapers  of 
the  county  at  least  ten  days  before  each  examination. 


Schedule 
published. 


Am.  1901,  Act  99  ;  1903,  Act  95  ;  1905,  Act 
People  v.   Hewlett,  94/170. 


;  1011,  Act  20. 


Certificates 
when  granted. 


Proviso. 


Further 
proviso. 


Further 
proviso, 
second  or 
third  grade 
certificate. 


(217)  §  4812.  SEC.  5.  The  board  of  school  examiners  shall 
meet  on  the  Saturday  of  the  week  following  each  public  exami- 
nation held  according  to  the  provisions  of  section  four  of  this 
act,  and  shall  grant  certificates  to  teachers  in  such  form  as 
the  superintendent  of  public  instruction  shall  prescribe,  li- 
censing as  teachers  all  persons  who  have  attained  the  age 
of  eighteen  years,  who  have  attended  such  public  examina- 
tions and  who  shall  be  found  qualified  in  respect  to  good 
moral  character,  learning  and  ability  to  instruct  and  govern 
a  school,  but  no  certificate  shall  be  granted  to  any  person 
who  shall  not  have  passed  a  satisfactory  examination  in  or- 
thography, reading,  writing,  grammar,  geography,  arithme- 
tic, theory  and  art  of  teaching,  United  States  history,  civil 
government,  physiology  and  hygiene  with  reference  to  the 
effect  of  alcoholic  drinks  and  narcotics  upon  the  human  sys- 
tem, school  law,  agriculture,  and  the  course  of  study  for 
the  district  schools  of  Michigan  prepared  by  the  superintend- 
ent of  public  instruction :  Provided,  That  no  certificate 
shall  be  granted  under  the  provisions  of  this  act  to  any  per- 
son who  shall  not  have  completed  a  term  of  at  least  six 
weeks'  work  in  professional  training  in  a  state  normal  school 
or  in  one  of  the  county  normal  training  classes  of  the  state 
or  any  normal  training  school  conducted  by  any  municipality 
in  the  state,  or  in  any  school  approved  by  the  state  super- 
intendent of  public  instruction ;  but  the  completion  of  one- 
half  year  of  work  in  a  school  maintaining  four  years  of  work 
above  high  school  rank  shall  be  accepted  in  lieu  of  this  re- 
quirement. This  proviso,  however,  shall  not  apply  to  per- 
sons who  have  taught  in  the  schools  of  the  state  for  at  least 
five  months  prior  to  July  one,  nineteen  hundred  sixteen : 
Provided  further,  That  no  certificate  shall  be  granted  un- 
der the  provisions  of  this  act  to  any  person  who,  having  ar- 
rived at  the  age  of  twenty-one  years,  is  not  a  citizen  of  the 
United  States:  Provided  further,  That  any  commissioner 
may,  upon  the  request  of  any  holder  of  a  second  or  third 
grade  certificate,  send  the  papers  written  by  such  person, 
properly  certified  and  under  seal,  to  the  county  board  of 
school  examiners  of  any  other  county  for  its  examination, 
and  such  board  of  school  examiners  may  in  its  discretion, 
receive  such  papers  and  if  it  accept  them  shall  treat  them 


GENERAL  SCHOOL  LAWS.  95 

in  the  same  manner  as  if  written  at  a  public  examination 
in  its  own  county :  Provided  further,  That  the  board  of  ex- 
aminers  shall  have  the  right  to  renew  without  examination 
the  certificates  of  any  persons  who  shall  have  previously  at- 
tained an  average  standing  of  at  least  eighty-five  per  cent 
in  all  the  studies  covered  in  two  or  more  previous  examina- 
tions, and  who  shall  have  been  since  such  last  named  ex- 
amination continuously  and  successfully  teaching  in  the  pub- 
lic schools :  Provided  further,  That  an  indorsed  first  grade  Further 
certificate  may  be  renewed  in  the  county  where  issued  or  in  pro 
the  county  where  the  holder  may  be  teaching  at  the  time  of 
its  expiration.  All  certificates  shall  be  signed  by  the  county 
commissioner  and  by  at  least  one  of  the  members  of  the 
board  of  examiners.  No  person  shall  be  considered  a  quali- 
fied teacher  within  the  meaning  of  this  act,  nor  shall  any 
school  officer  employ  or  contract  with  any  person  to  teach 
in  any  of  the  public  schools  under*  the  provisions  of  this 
act  who  has  not'  a  certificate  in  force  granted  by  the  board 
of  school  examiners  or  other  lawful  authority.  All  examina-  Questions, 
tion  questions  shall  be  prepared  and  furnished  by  the  super- 
intendent of  public  instruction  to  the  county  commissioner 
under  seal,  to  be  opened  in  the  presence  of  the  applicants 
for  certificates  on  the  day  of  examination. 

Am.  1901,  Act  99  ;  1905,  Act  148  ;  1911,  Act  20  ;  1913,  Act  231 ;  1915,  Act  7. 

People  v.   Howlett,  94/170;   O'Leary  v.   Sch.   Dist.,   118/469. 

A  contract  is  invalid,  unless  the  teacher,  at  the  time  of  making  tke  same, 
has  a  certificate  authorizing  her  to  teach  during  the  term  covered  by  the  con- 
tract—McCloskey  v.  School  Dist.  No.  5,  134  /  235. 

(218)  §  4813.  SEC.  6.  There  shall  be  three  grades  of  cer- 
tificates  granted  by  the  board  of  school  examiners  in  its  dis- 
cretion and  subject  to  such  rules  and  regulations  as  the  su- 
perintendent of  public  instruction  may  prescribe,  which 
grades  of  certificates  shall  be  as  follows :  The  certificate  of  First  grade, 
the  first  grade  shall  be  granted  only  to  those  who  have  taught 
at  least  one  year  with  ability  and  success,  and  it  shall  be 
valid  throughout  the  state  for  four  years :  Provided,  That  Proviso. 
all  examination  papers  for  first  grade  certificates  favorably 
passed  upon  by  the  board  of  examiners,  together  with  such 
certificate,  shall  be  forwarded  to  the  superintendent  of  public 
instruction  within  ten  days  from  date  of  examination  for 
inspection :  Provided  further,  That  any  applicant  for  a  first  Further 
grade  certificate  who  feels  that  the  county  board  of  school  pl 
examiners  has  not  given  his  papers  the  credit  due  them,  may 
order  them  sent  to  the  state  superintendent  of  public  in- 
struction for  inspection ;  and  if  the  standings  given  by  the 
state  superintendent  of  public  instruction  are  sufficient  for 
his  indorsement  of  the  certificate,  the  county  board  of  school 
examiners  shall  issue  such  certificate,  unless  it  shall  give  rea- 
sons satisfactory  to  the  superintendent  of  public  instruction 


96 


STATE    OF    MICHIGAN. 


Further  pro- 
viso, how 
validated 
outside 
county. 


Second 
grade. 


Third  grade. 
Class  A. 

Class  B. 


Proviso, 
April  exam- 
ination. 

Further  pro- 
viso, personal 
examination. 


for  withholding  the  same:  And  Provided  further,  That  no 
first  grade  certificate  shall  be  valid  in  any  county  other  than 
that  in  which  it  is  granted,  unless  approved  and  counter- 
signed by  the  superintendent  of  public  instruction  and  a  copy 
filed  with  the  county  commissioner  in  the  county  in  which 
the  holder  of  said  certificate  desires  to  teach.  The  certificate 
of  the  second  grade  shall  be  granted  only  to  those  who  shall 
have  taught  at  least  seven  months  with  ability  and  success, 
and  it  shall  be  valid  throughout  the  county  for  which  it  shall 
be  granted  for  three  years,  and  such  certificate  may  be  trans- 
ferred to  another  county  as  provided  in  section  five  of  this 
act.  The  certificates  of  the  third  grade  shall  be  divided  into 
two  classes  known  as  A  and  B.  Third  grade  certificates  of 
class  A  shall  be  granted  only  to  persons  who  have  taught  suc- 
cessfully and  continuously  for  at  least  three  years  next  pre- 
ceding the  examination  in  primary  departments  of  graded 
schools,  and  the  certificate  of  this  class  .shall  entitle  the 
holder  to  teach  in  primary  departments  of  graded  schools 
only.  Third  grade  certificates  of  class  B  shall  license  the 
holder  to  teach  in  any  school  of  the  county  in  which  it  shall 
be  granted  for  one  year,  and  such  certificate  may  be  trans- 
ferred to  another  county  in  the  same  manner  that  second 
grade  certificates  are  transferred  in  section  five  of  this  act; 
but  no  more  than  three  certificates  of  this  class  shall  be 
granted  to  the  same  person :  Provided,  That  third  grade  cer- 
tificates granted  at  the  April  examination  shall  be  good  until 
the  thirtieth  day  of  June  of  the  following  year:  Provided 
further,  That  the  county  commissioner  shall  have  power, 
upon  personal  examination  in  the  third  grade  branches  satis- 
factory to  himself  or  herself,  to  grant  certificates  which  shall 
license  the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted,  but  such  certificate  shall  not  con- 
tinue in  force  beyond  the  time  of  the  next  public  examina- 
tion, and  in  no  case  shall  a  second  special  certificate  be 
granted  the  same  person  within  three  years. 

Am.  1901,  Act  99  ;  1905,  Act  148  ;  1911,  Act  20. 

CERTIFICATES :  The  general  policy  of  the  school  law  is  that  schools 
shall  be  taught  by  qualified  teachers,  but  necessities  may  arise  where  this 
cannot  be  done.  When  such  necessity  arises,  the  district  may  employ  a 
teacher  without  a  certificate,  if  the  board  is  satisfied  of  his  qualifications  and 
pay  him  out  of  any  moneys  except  primary  school  money  and  mill  tax. — 
Hale  v.  Risley,  69/596.  As  to  the  liability  of  the  district  for  such  services, 
see  Id. ;  Stockdale  v.  Sch.  Dist.,  47  /  226 ;  Crane  v.  Sch.  Dist.,  61  /  299 ; 
Smith  v.  Sch.  Dist.,  69  /  589.  See  Sch.  Dist.,  v  Crook,  47  /  112.  A  certificate 
issued  to  one  who  has  not  taken  an  examination  at  all  and  whose  qualifica- 
tions are  not  ascertained  upon  an  examination,  is  not  such  a  certificate  as 
the  law  provides  for. — People  v.  Hewlett,  94/170-1.  The  action  of  the 
board  of  examiners  in  refusing  a  certificate  cannot  be  questioned  by  the  re- 
jected applicant  in  a  suit  to  recover  wages  she  would  have  earned  under  her 
contract  but  for  such  adverse  action. — Lee  v.  Sch.  Dist,  71/361.  A  certifi- 
cate, issued  for  three  years,  cannot  be  legally  extended  by  the  secretary,  by 
being  changed  to  read  for  four  years,  after  the  board  of  examiners  who 
issued  it  have  gone  out  of  office. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 

SPECIAL  CERTIFICATES:  The  secretary  of  the  board  (under  the  old 
law)  had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to 
issue  a  special  certificate  to  the  rejected  applicant. — Lee  v.  Sch.  Dist.,  71  / 
361.  The  object  of  a  special  certificate  is  to  bridge  over  the  time  between  the 
commencement  of  a  school  and  the  next  meeting  of  the  examiners  and  such 
a  certificate  has  life  only  until  the  next  regular  examination. — Id. ;  People 
v.  Hewlett,  94/170. 


GENERAL  SCHOOL  LAWS. 

OF  THE \ 

*T    I 


(219)      §  4814.     SEC.  7.     The   board    of    school    exar$iife^¥£v&atioirof 
may  suspend   or  revoke  any  teacher's  certificate    issued    b>  c' 
them  for  neglect  of  duty,   incompetericy,  or  immorality^^fel 
for  any  other  reason  which  would  have  justified  said  boa 
in  withholding  the  same  when  given,  and  said  board  may  sus- 
pend   the    effect  of  any  teacher's  certificate  granted  by  the 
county    commissioner    of   schools   which    said    certificate    li- 
censes the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted.    Whenever  written  charges  accus- 
ing  any  teacher  of  neglect  of  duty,  incompetency,  or  immor-  wh£n  charges 
ality  shall  be  filed  with  the  county  commissioner  of  schools,  Preferrod- 
said    commissioner    shall    immediately    notify    said    accused 
teacher  that  charges  have  been  filed  against  him  and  shall 
attach   to  such   notice  a  certified   copy  of  said   charges  to- 
gether with  the  name  or  names  of  the  person  or  persons  filing 
the  same,  and  said  commissioner  may,  and  on  the  written  de 
mand  of  the  accused  teacher  shall,  within  twenty  days  after 
the  filing  of  said  charges,  call   a  meeting  of  the  board  of 
school    examiners    of    the    county    and    shall    summon     the 
teacher,  against  whom  charges  have  been  preferred,  and  also 
summon  any  witnesses  who  may  have  knowledge  of  the  facts, 
to  appear  before  said  board  of  examiners  on  the  date  men- 
tioned in  the  summons.    Said  summons  shall  have  the  force 
of  a  summons  or  subpoena  at  law.    On  the  day  set  for  theDuty^ 
meeting  of  the  board  of  examiners,  said  board  shall  proceed  hearing. 
to  hear  the  case.    The  chairman  of  said  board  shall  have  au- 
thority to  administer  an  oath  to  the  several   witnesses  and 
examine  them    under    oath    if   he    deems    it    advisable.     The 
board  of  examiners    shall    proceed    to    examine    the    party 
charged  and  the  witnesses  for  and  against  said  party,  and  if 
it  shall  appear  that  the  charges  made  are  true,  then  the  said 
board  shall   have  authority  to  suspend  or  revoke    the    cer- 
tificate of  the  accused :     Provided,  That  no  certificate  shall  Proviso. 
be  suspended  or  revoked  without  a  personal  hearing,  unless 
the  holder  thereof  shall,  after  a  reasonable  notice,  neglect  or 
refuse   to  appear  before  the  said  board   for   that  purpose: 
And  Provided  further,. That  any  person  summoned  to  appear  Proviso  as 

,11  „  -,  to  non-ap- 

berore  the   board  of  examiners  for  the  purposes  mentioned  pearance  of 
herein  and  who  shall  fail  to  appear  before  said  board  on  the  Stoned. 
day  specified  in  the  summons,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  in  any  court  of  competent 
jurisdiction,  shall  be  fined  a  sum  not  less  than  five  dollars 
nor  more  than   twenty-five   dollars,   or  by   imprisonment   in 
the  county  jail  for  not  more  than  twenty  days  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court.     The  Temporary 

1  .      .  suspension  of 

county  commissioner  of  schools  in  any  county  shall  have  au-  certificate, 
thority  to  temporarily  suspend  the  force  of  any  teacher's  cer- 
tificate when  from  his  personal   inspection  of  the  work    of 
paid  teacher,  or  from  his  personal  knowledge,  he  is  satisfied 
that  such  teacher  has  been  guilty  of  wilful  neglect  of  duty  or 

13 


STATE    OF    MICHIGAN. 


is  incompetent  to  instruct  or  govern  the  school,  or  has  been 
guilty  of  gross  immorality.  The  county  commissioner  of 
schools  shall,  upon  suspending  the  force  of  any  teacher's  cer- 
tificate, immediately,  and  within  ten  days  thereafter,  call  a 
meeting  of  the  board  of  school  examiners  and  summon  said 
teacher  to  appear  before  said  board  to  show  cause  why  his 
or  her  certificate  should  not  be  indefinitely  suspended  or  re- 
voked: Provided  further,  however,  That  it  shall  be  the  duty 
of  the  board  of  school  examiners  to  file  in  the  office  of  the 
county  school  commissioner  its  decision  within  ten  days  after 
the  close  of  any  hearing  above  mentioned,  and  it  shall  be  the 
duty  of  the  county  school  commissioner  within  five  days  after 
the  filing  of  said  decision  to  mail  a  copy  thereof  to  said 
teacher:  Provided  further,  however,  That  any  teacher  who 
feels  aggrieved  at  the  decision  of  the  county  board  of  school 
examiners  may,  within  twenty  days  after  the  filing  of  such 
decision,  take  an  appeal  to  the  probate  court  of  said  county, 
who  is  herebv  authorized  to  hear  and  determine  said  cause. 


To  summon 
teacher  be- 
fore board. 


Proviso, 

filing 

decision. 


Proviso, 
appeal  to 
probate 
court. 


Am.  1907,  Act  127. 

Carver  v.  Sch.  Dist.,  113/524. 

IMMORALITY :  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
faith  for  the  purpose  of  preventing  such  person's  teaching  the  school,  is 

Erivileged  and  is  justified  by  proof  that  he  is  a  blasphemer,   habitually   pro- 
ane  and  a   Sabbath-breaker. — Wieman   v.   Mabee,   45  /  484. 


Duty  of 
commissioner. 


Examinations, 

certificates, 

etc. 


Fee. 


Record  of 
certificates. 


List  of 

authorized 

teachers. 


(220)  §  4815.  SEC.  8.  It  shall  be  the  duty  of  the  county 
commissioner : 

First,  Immediately  after  his  or  her  qualification  as  com- 
missioner, to  send  notice  thereof  to  the  superintendent  of  pub- 
lic instruction; 

Second,  To  keep  a  record  of  all  examinations  held  by  the 
board  of  school  examiners  and  to  sign  all  certificates  and 
other  papers  and  reports  issued  by  the  board,  and  to  keep  a 
record  of  all  meetings  of  the  board  of  examiners  and  of  all 
hearings  for  the  suspension  or  revocation  of  any  teacher's 
certificate,  and  to  call  meetings  of  the  board  of  examiners 
at  such  other  times  than  those  mentioned  in  section  five  of 
this  act  as  he  may  deem  best ; 

Third,  To  receive  the  institute  fee  provided  by  law  and  to 
pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirtieth  in  each  year; 

Fourth,  To  keep  a  record  of. all  certificates  granted,  sus- 
pended, revoked  or  transferred  by  the  said  board  or  commis- 
sioner, showing  to  whom  issued,  together  with  the  date, 
grade,  duration  of  each  certificate,  and,  if  suspended  or  re- 
voked, with  the  date  and  the  reason  therefor; 

Fifth,  To  furnish,  previous  to  the  third  Monday  in  July  in 
each  year,  to  the  township  clerk  of  each  township  in  the 
county,  and  to  each  of  the  officers  of  every  school  district  in 
the  county,  a  list  of  all  persons  legally  authorized  to  teach  in 
the  county  at  large  during  the  preceding  school  year,  and  in 
such  township,  with  the  date  and  term  of  each  certificate, 


GENERAL    SCHOOL   LAWS.  99 

and  if  any  have  been  suspended  or  revoked,  the  date  of  such 
suspension  or  revocation; 

Sixth,  To  visit  each  of  the  schools  of  the  county  at  least  Examina- 
once  jn  each  year  and  to  examine  carefully  the  discipline,  the 
mode  of  instruction,  the  text  books  used,  the  apparatus  be- 
longing to  the  school,  the  library,  the  progress  and  the  profi- 
ciency of  the  pupils,  the  skill  and  efficiency  of  the  teacher, 
the  condition  of  the  school  property,  and  whether  the  attend- 
ance at  school  is  in  compliance  with  law,  and  to  make  a  care- 
ful record  of  these  items  and  report  the  same  to  the  director 
of  each  district :    Provided,  That  in  counties  containing  one  Proviso, 
hundred  or  more  schoolrooms,  the  commissioner  of  schools  is 
hereby  authorized  to  appoint  a  clerk,  who  shall  perform  such 
duties    as    said    commissioner   shall    direct,    except    visiting 
schools :    Provided  further,  In  counties  having  from  one  hun-  Further 
dred  to  one  hundred  and  fifty  schoolrooms  the  whole  expense  pro 
incurred  for  such  clerk  shall  not  exceed  three  hundred  dol- 
lars in  any  one  year  and  in  counties  having  more  than  one 
hundred  and  fifty  schoolrooms  the  whole  expense  incurred 
for  such  clerk  shall  not  exceed  four  hundred  dollars  in  any 
one  year :     Provided  further,  That  nothing  in  this  act  con-  Further 
tained  shall  operate  to  restrict  the  board  of  supervisors  of  provlso- 
any  county  from  paying  such  greater  sums  than  herein  pro- 
vided as  said  boards  may  deem  just  and  necessary; 

Seventh,  To  counsel  with  the  teachers  and  school  boards  as 
to  the  course  of  study  to  be  adopted  and  pursued,  and  as  to 
any  improvement  in  the  discipline,  instruction  and  manage- 
ment of  the  school,  and  he  may  examine  and  audit  the  books 
and  the  records  of  any  school  district  at  any  time  when  di- 
rected to  do  so  by  the  superintendent  of  public  instruction  or 
by  application  of  any  school  board; 

Eighth,  To  promote  by  such  means  as  he  or  she  may  de-  institutes,  etc. 
vise,  the  improvement  of  the  schools  in  the  county,  and  the 
elevation  of  the  character  and  qualifications  of  the  teachers 
and  officers  thereof,  and  act  as  assistant  conductor  of  in- 
stitutes appointed  by  the  superintendent  of  public  instruc- 
tion, and  perform  such  other  duties  pertaining  thereto  as 
said  superintendent  shall  require; 

Ninth,   To  receive  the  duplicate  annual  reports  of  the  sev-  TO  examine 
eral  township    clerks,    examine    into    the  correctness  of  the re 
same,  requiring  them  to  be  amended  when  necessary,  endorse 
his  or  her  approval  upon  them,  and  immediately  thereafter, 
and  before  the  fifteenth  day  of  September  in  each  year,  trans- 
mit to  the  superintendent  of  public  instruction  one  copy  of 
each  of  said  reports  and  file  the  other  in  the  office  of  the 
county  clerk; 

Tenth,  To  be  subject  to  such  instruction  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe,  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  or 
her  by  the  superintendent  of  public  instruction,  and  to  dis- 
pose of  the  same  as  directed  by  the  said  superintendent,  and 


100 


STATE    OF    MICHIGAN. 


to  make  annual  reports  at  the  close  of  the  school  year  to  the 
superintendent  of  public  instruction  of  his  or  her  official 
labors,  and  of  the  schools  of  the  county  together  with  such 
other  information  as  may  be  required ; 

Eleventh,  To  perform  such  other  duties  as  may  be  required 
of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office  to 
deliver  all  records,  books,  and  papers  belonging  to  the  office 
to  his  or  her  successor. 


Am.    1901,   Act   99;   1905,   Act   148;    190' 
Act  144. 

Section  9  was  repealed,  1909,  Act  222. 


Act   127;    1909,   Act   264;    1911, 


Compensation.  (221)  §  4817.  SEC.  10.  The  compensation  of  each 
county  commissioner  of  schools  shall  be  determined  by  the 
board  of  supervisors  of  each  county,  respectively,  but  the 
compensation  shalhnot  be  fixed  at  a  sum  less  than  five  hun- 
dred dollars  per  annum  in  any  county  where  there  are  fifty 
schoolrooms ;  at  not  less  than  seven  hundred  fifty  dollars  per 
annum  where  there  are  more  than  seventy  schoolrooms; 
at  not  less  than  one  thousand  dollars  per  annum  where  there 
are  one  hundred  schoolrooms  and  not  less  than  twelve  hun- 
dred dollars  where  there  are  one  hundred  twenty-five  school- 
rooms; not  less  than  thirteen  hundred  fifty  dollars  where 
there  are  one  hundred  fifty  schoolrooms ;  not  less  than  fifteen 
hundred  dollars  per  annum  where  there  are  one  hundred 
seventy-five  schoolrooms;  not  less  than  two  thousand  dollars 
per  annum  where  there  are  over  three  hundred  schoolrooms ; 
in  estimating  the  number  of  schoolrooms  in  any  county  grad- 
ed schools  operating  under  a  general  charter  shall  be  in- 
cluded. Each  member  of  the  board  of  school  examiners,  other 
than  the  county  commissioner,  shall  receive  four  dollars  for 
each  day  actually  employed  in  the  duties  of  his  office  and  his 
actual  and  necessary  traveling  expenses  incurred  in  the  dis- 
charge of  his  official  duties  in  his  own  county.  The  compen- 
sation of  any  clerk  when  appointed  as  provided  in  this  act 
shall  be  determined  by  the  county  commissioner.  The  com- 
pensation of  members  of  the  county  board  of  school  examiners 
and  of  any  clerk  appointed  by  the  county  commissioner  shall 
be  paid  monthly  from  the  county  treasury  upon  such  ex- 
aminer or  clerk  filing  with  the  county  clerk  a  certified  state- 
ment of  his  or  her  account  which  shall  give  in  separate  items 
the  nature  and  amount  of  the  service  for  which  compensation 
is  claimed.  The  compensation  of  the  county  commissioner 
shall  be  paid  monthly  from  the  county  treasury:  Provided, 
That  in  no  case  shall  the  county  commissioner  receive  any 
order  for  compensation  from  the  county  clerk  until  he  has 
filed  a  certified  statement  from  the  superintendent  of  public 
instruction  that  all  reports  required  of  the  county  commis- 
sioner have  been  properly  made  and  filed  with  said  superin- 
tendent: Provided  further,  That  no  county  commissioner 
shall  receive  an  order  for  compensation  until  he  shall  have 


Board  of 

examiners, 

compensation 


How  paid. 


Proviso. 


Further 
proviso. 


GENERAL    SCHOOL    LAV/#  \  101 


filed  with  the  county  clerk  a  detailed  statement  tinder  oath- 
showing  what  schools  have  been  visited  by  him  during  the 
preceding  month  and  what  amount  of  time  was  employed 
in  each  school,  naming  the  township  and  school  district. 
The  actual  and  necessary  traveling  expenses  of  the  commis-  Expenses, 
sioner  incurred  in  the  discharge  of  his  official  duties  in  his 
own  county  and  the  necessary  and  all  contingent  expenses 
for  printing,  postage,  stationery,  record  books,  grading  regis- 
ters, telephone  rental,  rent  of  rooms  for  public  examinations, 
teachers'  or  school  officers'  meetings,  shall  be  audited  and 
allowed  by  the  board  of  supervisors  or  the  board  of  county 
auditors. 

Am.  1905,  Act  148:  1909,  Act  247  ;  1911,  Act  144  ;  1913,  Act  231. 

ASSISTANT  VISITOR:  Mandamus  to  compel  the  payment  of  an  assistant 
visitor  of  schools  for  services  rendered  under  this  act,  was  denied,  when 
the  commissioner  had  not  determined  the  compensation  as  required. — Hicks 
v.  Wayne  Co.  Auditors,  97/611. 

(222)  §  4818.     SEC.  11.     No  superintendent  of  public  in-  who  snail  not 
struction,  instructor  at  institute,  county  commissioner  or  ex-  a( 
aminer,  shall  act  as  agent  for  the  sale  of  any  school  furni- 
ture, text-books,  maps,  charts  or  other  school  apparatus. 

(223)  §  4819.     SEC.  12.     Whenever  by  death,  resignation 
or  removal  from  office,  or  otherwise,  a  vacancy  shall  occur  in 
the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county 
and  said  board  shall  meet  at  the  office  of  the  county  clerk  on 
a  date  to  be  named  in  said  notice,  not  more  than  ten  days 
from  the  date  of  such  notice,  and  said  board  shall  appoint  a 
person  who  is  qualified  according  to  statute  to  fill  the  va- 
cancy for  the  unexpired  portion  of  the  term  of  office. 

Am.   1909,  Act  222. 

(224)  §  4820.     SEC.  13.     The  officers  of  every  school  dis- Teachers,  em- 
trict,  except  as  hereinafter  provided,  which  is,  or  shall  here-  P 

after  be,  organized  in  whole  or  in  part  in  any  city  or  village 
in  this  state,  which  is  incorporated  under  the  general  laws 
or  by  special  enactment,  in  which  enactment  special  provi- 
sions exist  in  regard  to  licensing  teachers,  shall  employ  only 
such  teachers  as  are  legally  qualified  under  the  preceding  sec- 
tions of  this  act :  Provided,  That  in  incorporated  cities  em-  Proviso, 
ploying  a  principal  of  the  high  school  and  also  a  superin- 
tendent of  schools  who  gives  not  less  than  one-third  of  his 
or  her  time  to  school  supervision,  the  superintendent  of 
schools  and  the  board  of  education  or  a  committee  thereof 
shall  be  empowered  to  examine  their  teachers  and  grant  certi- 
ficates to  such  as  are  not  already  legally  qualified,  at  such 
times  and  in  such  form  as  the  superintendent  of  public  in- 
struction shall  prescribe :  Provided  further,  That  no  teacher  Further 
shall  .be  licensed  to  teach  in  any  school  or  schools  of  this  state  provlso- 
by  any  officer,  board  or  other  authority,  including  every 
school  or  school  district,  regardless  of  whether  existing  or 


102 


STATE    OF    MICHIGAN. 


Further 
proviso. 


o  im  dor  .general  or  special  law,  unless  the  license  or 
certificate  is  granted  at  such  times  and  in  accordance  with 
such  terms  and  conditions  as  shall  be  prescribed  by  the  su- 
perintendent of  public  instruction:  Provided  further,  That 
cities  having  a  special  and  thoroughly  equipped  normal  train- 
ing department,  under  control  of  a  special  training  teacher, 
such  school  having  a  course  of  not  less  than  one  year,  shall 
be  exempt  from  the  provisions  of  this  section  as  to  the  exami- 
nation of  teachers.  Any  board  of  education  that  shall  violate 
the  provisions  of  this  act  by  employing  a  teacher  who  is  not 
legally  qualified,  shall  forfeit  such  a  proportion  of  the  pri- 
mary school  interest  fund  as  the  number  of  unqualified  teach- 
ers employed  bears  to  the  whole  number  of  teachers  employed 
in  the  district.  All  school  districts  organized  by  special 
enactments  shall,  through  their  proper  officers,  make  such 
reports  as  the  superintendent  of  public  instruction  may  re- 
quire. 

Am.  1901,  Act  99  ;  1911,  Act  146. 

Section  14  repeals  "all  acts  or  parts  of  acts  conflicting  with  the  provisions 
of  this  act."    As  to  one  effect  of  this  repeal,  see  Perrizo  v.  Kesler,  93  /  284. 


EXAMINATION  FOR  ADMISSION  TO  AGRICULTURAL  COLLEGE. 

An  Act  to  provide  for  the  examination  of  candidates  for  admission  to 
the  agricultural  college  by  county  commissioners  of  schools. 

[Act   101,   P.   A.    1895.] 


Duty  of  state 
superintend- 
ent of  public 
instruction. 


County  com- 
missioner of 
schools  shall 
give  notice  of 
examination. 


Examina- 
tion, how 
conducted. 


The  People  of  the  State  of  Michigan  enact: 

(225)  §  4821.     SECTION  1.     That  it  shall  be  the  duty  of 
the  state  superintendent  of  public  instruction  to  secure,  at 
least  twice  each  year,  from  the  president  of  the  Michigan 
agricultural  college,  a  set  of  examination  questions  in  all  the 
studies  required  for  admission  to  said  college.    It  shall  also 
be  the  duty  of  the  state  superintendent  of  public  instruction 
to  send  a  printed  list  of  said  examination  questions  to  each 
county  commissioner  of  schools. 

(226)  §  4822.     SEC.  2.     It    shall  be  the    duty    of    each 
county  commissioner  of  schools  to  give  public  notice  of  this 
examination  at  the  time  of  all  regular  teachers'  examinations, 
and  to  submit  the  questions  aforesaid  to  any  candidate  who 
may  desire  to  enter  the  agricultural  college.     The  examina- 
tion shall  be  conducted  in  the  same  manner  as  are  the  regular 
teachers'  examinations  of  the  county.    The  work  of  each  and 
every  candidate,  together  with  the  name  and  address,  shall 
be  forwarded  by  the  commissioner,  within  five  days  from  the 
date  of  the  examination,  to  the  president  of  the  college,  who 
shall  examine  and  grade  the  answers  and  report  to  the  can- 


GENERAL    SCHOOL   LAWS.  103 

didate  within  five  days  of  the  receipt  of  the  paper  the  result 
of  the  examination.  A  standing  of  seventy  per  cent  in  each 
branch  will  admit  to  freshman  class  of  the  college  without 
further  examination. 


MEETING  OF  SCHOOL  OFFICERS  OF  COUNTY. 

An  Act  to  authorize  the   county   commissioner  of   schools   in   each 
county  to  call  a  meeting  of  the  school  officers  of  the  county. 

[Act   112,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(227)  SECTION  1.     Each  county  commissioner  of  schools  Meeting  of 
in  the  state  of  Michigan  shall  call  a  meeting  of  the  school 
officers  of  his  county  at  least  once  in  each  year,  said  meeting 

to  be  held  at  the  county  seat  or  some  other  convenient  place 
in  the  county  for  the  purpose  of  consultation,  advice  and  in- 
struction upon  matters  pertaining  to  the  management  and 
welfare  of  the  public  schools  of  the  county.  The  call  for  said  Call,  what 
meeting  shall  include  every  board  of  education  in  the  county, 
whether  rural  or  city. 

(228)  SEC.  2.     The  director  or  secretary  of  each  school  who  shall 
board  or  board  of  education  shall  attend  such  meeting  and  a 

the  other  members  of  each  board  of  education  may  attend. 

One  member  of  the  school  board  or  board  of  education  who    *T        and 

attends  such  meeting  shall  be  allowed  and  paid  two  dollars 

per  day  and  actual  traveling  expenses  going  to  and  returning 

from  said  meeting,  said  sum  to  be  paid  from  the  general  fund 

in  the  treasury  of  the  school  district.     The  county  commis-  Attendance0* 

sioner  of  schools  shall  issue  to  each  metnber  in  attendance  a 

certificate  of  attendance  which  shall  be  filed  with  the  director 

or  secretary  of  the  board,  and  when  filed  shall  serve  as  a 

basis   of  evidence  for  drawing  the  order  for  compensation 

and  expenses  of  one  member  of  the  board. 

(229)  SEC.  3.     It  shall  be.  the  duty  of  the  superintendent  superintend- 
of  public  instruction  to  assist  the   county  commissioner  of  instruction)0 
schools  in  conducting  said  meeting  of  school  officers,  and  he  duty  of> 
shall  attend  said  meeting  either  in  person  or  by  representa- 
tive. 


104 


STATE    OF    MICHIGAN. 


TOWNSHIP  SCHOOL  DISTRICTS. 

An  Act  to  provide  for  the  organization  of  township  school  districts 
in  the  state  of  Michigan. 


Single  school 
districts. 


Petition  of 
electors. 


Township 
clerk  to  call 
meeting. 


Election. 


Proviso. 


Notice  of 
election. 


[Act   117,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(230)  SECTION  1.  Whenever  a  majority  of  the  qualified 
school  electors  in  any  organized  township  votes  in  favor  of 
organizing  said  township  into  a  single  school  district,  such 
township  shall,  after  the  second  Monday  in  July  thereafter, 
be  a  single  school  district  and  shall  be  governed  by  the  pro- 
visions of  this  act,  and  in  case  there  are  one  or  more  graded 
school  districts  in  the  township  having  a  population  of  nine 
hundred  or  less,  the  qualified  school  electors  in  such  graded 
districts  shall  have  the  right  to  sign  the  petition  hereinafter 
mentioned,  and  vote  on  the  question  of  the  establishment 
of  such  township  district,  and  such  graded  districts  shall  be- 
come a  part  of  the  township  district.  The  question  of  chang- 
ing any  organized  township  into  a  single  school  district  to  be 
governed  by  the  provisions  of  this  act,  shall  not  be  submitted 
to  the  qualified  school  electors  of  said  township  until  a  peti- 
tion therefor,  signed  by  one-fourth  of  the  qualified  school  elec- 
tors of  such  township,  requesting  the  submission  of  such 
proposition,  shall  be  filed  in  the  office  of  the  township  clerk. 
Upon  the  receipt  and  filing  of  such  petition,  it  shall  be  the 
duty  of  the  township  clerk  to  call  a  meeting  of  the  township 
board  and  it  shall  be  the  duty  of  the  township  board  of  such 
township  to  attend  such  meeting,  which  shall  be  held  not 
more  than  five  days  after  the  filing  of  such  petition.  It  shall 
be  the  duty  of  the  said  township  board  at  such  meeting  to 
consider  the  said  petition  with  the  names  appearing  thereon, 
and  if  it  be  found  and  determined  that  one-fourth  of  the 
qualified  school  electors  of  said  township  have  signed  the 
said  petition  requesting  that  the  said  township  of  which  they 
are  residents  be  organized  as  a  single  school  district  under 
the  provisions  of  this  act,  it  shall  be  the  duty  of  the  town- 
ship board  to  call  an  election  at  which  the  question  of  the 
organization  of  the  said  township  into  a  single  school  dis- 
trict shall  be  submitted  to  the  qualified  school  electors  of 
such  township.  Such  election  shall  be  called  by  the  town- 
ship board  within  thirty  days  after  the  meeting  of  the  town 
ship  board  at  which  it  is  determined  that  the  petition 
herein  provided  for  is  sufficient:  Provided,  however,  That 
if  any  such  petition  is  determined  to  be  sufficient  not  more 
than  four  months  and  not  less  than  twenty  days  prior  to 
the  annual  township  election,  such  question  shall  be  sub- 
mitted at  the  annual  township  election.  Notice  of  such  elec- 
tion, whether  it  be  of  a  special  or  of  the  annual  election, 


GENERAL,  SCHOOL  LAWS.  105 

shall  be  given  by  the  township  board  by  posting  notices 
thereof  in  at  least  five  public  places  in  the  township  and  at 
least  one  notice  in  each  organized  school  district  in  the 
township,  which  notice  shall  state  that  at  such  election, 
giving  the  date,  the  question  of  the  organization  of  the  town- 
ship into  a  single  school  district  shall  be  submitted  to  the 
qualified  school  electors  of  the  township.  The  ballots  upon  §Jllots- form' 
which  such  question  shall  be  submitted  shall  be  in  the  fol- 
lowing form  :  Shall (name  of  township) 

township  be  organized  into  a  single  school  district?  [  ] 
Yes.  Shall  (name  of  township)  town- 
ship be  organized  into  a  single  school  district?  [  ]  No.  Each 
ballot  which  has  a  cross  marked  in  the  square  to  the  left  of 
the  word  "Yes"  on  any  such  ballot  shall  be  counted  in  favor 
of  the  organization  of  such  township  into  a  single,  school 
district,  and  each  ballot  which  has  a  cross  marked  in  the 
square  to  the  left  of  the  word  "No"  shall  be  counted  against 
the  organization  of  such  township  into  a  single  school  district. 
Anv  such  election  shall  be  conducted  by  the  township  board  Election,  how 

„',...  ..  .11  i  conducted. 

ot  election  inspectors  in  the  same  manner  in  all  respects  and 
the  ballots  shall  be  taken,  counted,  and  canvassed  in  the 
same  manner  that  is  now  provided  for  the  counting  of  bal- 
lots under  the  general  election  law.  If  a  majority  of  the 
school  electors  of  such  township  voting  at  such  election  votes 
in  favor  of  the  proposition,  such  township  shall,  after  the 
second  Monday  in  July  subsequent  to  such  election,  be  con- 
sidered a  single  school  district  and  shall  be  governed  by  the 
provisions  of  this  act.  Whenever  a  majority  of  the  qualified 
school  electors  of  any  township  votes  in  favor  of  the  or- 
ganization of  any  township  into  a  single  school  district  it 
shall  be  the  duty  of  the  township  board  to  call  a  township 
election  for  the  second  Monday  in  July,  at  which  election  the 
trustees  for  the  township  school  district  shall  be  elected  by 
the  qualified  school  electors  of  such  township.  Notice  of  Notice, 
such  election  shall  be  given  by  the  township  board  by  post- 
ing notices  thereof  in  at  least  five  public  places  in  the  town- 
ship and  at  least  one  notice  in  each  organized  school  district 
that  on  the  second  Monday  in  July  following  trustees  for 
the  townsMp  school  district  will  be  elected,  and  it  shall  be 
the  duty  of  the  township  board  of  election  inspectors  of 
such  township  to  conduct  such  first  election  and  perform  such 
duties  in  connection  therewith  as  may  be  necessary  to  carry 
out  the  provisions  of  this  act :  Provided,  That  if  in  such  proviso, 
township,  or  as  a  part  of  such  township,  there  are  fractional 
school  districts  already  organized,  the  school  house  of 
which  is  within  the  boundaries  of  the  township,  such  frac- 
tional districts  shall  be  considered  a  part  of  the  township 
for  school  purposes,  and  qualified  school  electors  residing 
anywhere  in  such  fractional  school  district  shall  be  qualified 
to  sign  the  petition  for  or  vote  upon  the  question  of  the 


106 


STATE    OF    MICHIGAN. 


Proviso. 


Accounting  of 
property,  etc. 


Township        organization  of  the  township  district.     The  township  board 

certified0  ficoepy.  sha11  make  and  file>  both  with  the  county  clerk  and  with 
the  county  commissioner  of  schools  of  the  county  in  which 
such  township  is  located,  a  certified  copy  of  the  above 
mentioned  petition  together  with  its  findings  and  decision 
thereon,  and  when  the  trustees  or  district  officers  shall  have 
been  duly  elected  and  shall  have  filed  a  written  acceptance 
of  office  with  the  township  clerk  of  such  township  and  shall 
have  complied  with  the  general  provisions  of  this  act  per- 
taining to  the  election  and  acceptance  of  school  officers,  the 
said  board  of  education  shall  immediately  become^the  custo- 
dian of  all  the  property  pertaining  to  the  public 'schools  of 
the  township  and  shall  have  all  the  powers  and  privileges 
conferred  upon  school  officers  by  the  general  laws  of  this 
state,  and  said  general  laws  shall  apply  and  be  in  force  in 
such  district  in  all  particulars  not  otherwise  provided  for 
in  this  act:  Provided,  That  immediately  upon  the  organiza- 
tion of  the  board  of  education  herein  provided  for  said  board 
shall  call  a  meeting  of  the  officers  of  the  school  districts  of 
the  township  as  heretofore  existing,  if  any,  and  at  such  meet- 
ing there  shall  be  an  accounting  of  the  property,  records, 
and  funds  of  such  districts  and  a  settlement  of  the  same,  and 
the  officers  of  the  several  school  districts  of  the  township  as 
heretofore  existing  shall  immediately  thereafter  turn  over  to 
the  said  board  of  education  all  the  books,  records,  money, 
property,  and  other  matter  or  material  in  their  possession 
and  belonging  to  the  public  schools  of  their  respective  dis- 
tricts to  the  township  board  of  education  and  said  board 
shall  give  to  such  officers  proper  receipts,  and  the  secretary 
of  said  board  of  education  shall  place  a  full  statement  of 
such  several  settlements  in  the  records  of  the  board  of  edu- 
cation for  said  township. 

Am.   1911,   Act   143. 

Exemption.  (231)  SEC.  2.  All  cities  organized  as  school  districts  and 

all  graded  school  districts  having  a  population  of  more  than 
nine  hundred  shall  be  exempt  from  the  provisions  of  this  act. 
Their  boundaries  shall  remain  the  same  and  they  shall  con- 
tinue to  administer  the  public  schools  of  such  city  or  graded 
district  in  the  same  manner  as  heretofore  provided  by  statute: 

Proviso.  Provided,  That  if  any  such  city  or  graded  school  district  shall 

desire  to  give  up  its  own  organization  as  a  school  district 
and  become  a  part  of  the  township  district,  and  such  dis 
trict  and  the  other  district  or  districts  of  the  township  shall 
respectively  so  express  themselves  by  ballot  by  a  majority  vote 
of  the  legal  voters  of  each  district  at  an  annual  or  special 
meeting  of  such  districts,  the  superintendent  of  public  in- 
struction shall  have  authority  to  declare  the  organization  of 
such  city  or  graded  school  district  for  school  purposes  dis- 
solved, and  he  shall  make  such  declaration  in  writing  and 


GENERAL    SCHOOL    LAWS.  107 

serve  the  same  upon  the  officers  of  the  township  district  and 
upon  the  officers  of  such  city  or  graded  district,  and  such 
officers  shall  immediately  turn  over  to  the  board  of  educa- 
tion of  such  township  all  the  building,  property,  appurte- 
nances, money,  and  material  heretofore  belonging  to  such 
city  or  graded  district  to  the  board  of  education  of  the  town- 
ship district,  and  thereafter  such  city  or  graded  district 
shall  be  a  part  of  the  township  district  and  controlled  by 
the  township  board  of  education  as  herein  provided :  Pro-  Further 
vided  further,  That  where  fractional  school  districts  have  pl 
been  organized  heretofore  the  organization  of  the  township 
district  for  school  purposes  shall  conform  to  the  boundaries 
of  such  school  districts,  and  that  the  said  fractional  districts 
shall  become  a  part  of  the  township  district  in  which  the 
school  house  of  such  district  is  located,  and  that  in  the  elec- 
tion of  school  officers  said  boundaries  shall  be  recognized  by 
the  officers  of  the  township:  Provided  further,  That  in  any  Further 
case  where  a  fractional  district  has  been  organized  hereto-  pro 
fore,  such  territory  may  be  divided  so  that  the  township 
school  district  boundary  lines  shall  conform  to  the  town- 
ship boundary  lines,  said  division  being  made  in  their  dis- 
cretion by  the  township  boards  of  the  townships  in  which 
the  territory  may  be  located,  said  boards  meeting  in  join! 
session  for  such  purpose.  When  such  division  has  been  made, 
the  township  boards  at  said  joint  meeting  shall  immediately 
proceed  to  make  an  equitable  division  of  the  property,  and 
money,  if  any,  belonging  to  such  district  between  the  town- 
ships in  which  such  district  was  located.  The  township  Township 
clerk  of  the  township  in  which  the  school  house  of  such  frac-  notice.0  8 
tional  school  district  is  located  shall  give  at  least  ten  days' 
notice  to  the  township  clerk  of  the  other  townships  interest- 
ed of  the  time  and  place  of  such  meeting,  and  each  township 
clerk  upon  receiving  such  notice  shall  notify  each  member 
of  the  township  board  of  his  township  of  the  time  and  place 
of  such  meeting.  The  joint  meeting  of  the  township  boards 
when  assembled  shall  elect  from  their  number  a  chairman 
and  a  clerk,  and  a  majority  of  the  joint  board  shall  be  neces- 
sary to  determine  all  questions  submitted.  The  clerk  of  said 
joint  board  shall  provide  each  township  clerk  with  an  exact 
record  of  the  proceedings  of  said  meeting. 

Am.  Id. 

(232)     SEC.  3.    The  officers  of  said  township  district  shall  Board  of 
consist  of  five  trustees,  elected  at  large,  who  shall  constitute  femfquah- 
the  board  of  education  of  said  district,  and  the  regular  term  fications-  etc- 
of  office  shall  be  three  years.    Any  qualified  voter  in  the  dis- 
trict whose  name  appears  upon  the  assessment  roll  and  who 
is  the  owner  in  his  own  right  of  the  property  so  assessed  shall 
be  eligible  to  election  or  appointment  to  office  in  such  dis- 
trict:    Provided,    That  where    a    husband    and    wife  own  Proviso, 
property  jointly,  if  otherwise  qualified,  each  shall  be  eligible 


108 


STATE    OF    MICHIGAN. 


Election  of 

trustees, 

terms. 


Board  of 

election 

inspectors. 


Township 
clerk, 
duty  of. 


Qualified 
voter,  at 
election. 


For  taxes. 


Proviso. 


Annual 
meeting. 


Notice  by 
secretary. 


to  election  or  appointment  to  school  office.  At  the  first  elec- 
tion held  on  the  second  Monday  of  July  under  authority 
of  this  act,  the  qualified  electors  of  the  township  shall  pro- 
ceed to  elect  by  ballot  one  trustee  for  the  term  of  one  year,- 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  or  terms  of  office  shall 
expire.  The  term  of  office  intended  for  each  person  shall  be 
designated  on  the  ballot.  At  the  first  election  and  at  all 
succeeding  elections  held  in  said  township  district,  the  town- 
ship board  shall  act  as  a  board  of  election  inspectors  and 
shall  receive  and  canvass  the  votes,  prepare  ballots  and  con- 
duct the  election  in  the  same  manner  as  provided  for  in  town- 
ship elections  held  under  the  general  law.  The  township 
clerk  shall  keep  a  record  of  all  proceedings  of  said  first  meet- 
ing of  the  district  and  file  a  copy  of  the  same  in  his  office 
and  turn  over  a  copy  of  said  proceedings  to  the  secretary  of 
the  board  of  education  when  said  board  is  organized.  In 
the  election  of  trustees,  the  person  or  persons  receiving  the 
highest  number  of  votes  cast  shall  be  declared  elected  and  he 
or  they  shall  hold  office  until  his  or  their  successor  or  suc- 
cessors shall  have  been  duly  elected  and  shall  have  qualified 
as  provided  in  this  act.  In  all  school  elections  every  citizen 
of  the  United  States  of  the  age  of  twenty-one  years,  male  or 
female,  who  owns  property  which  is  assessed  for  school  taxes 
in  the  township  district  or  who  is  the  parent  or  legal  guar- 
dian of  any  child  of  school  age  included  in  the  school  census 
of  said  district,  and  who  has  resided  in  said  township  dis- 
trict three  months  next  preceding  such  election,  shall  be  a 
qualified  voter.  On  the  question  of  voting  school  taxes,  every 
citizen  of  the  United  States  of  the  age  of  twenty-one  years, 
male  or  female,  who  owns  property  in  fee,  by  contract  or 
homestead  right  which  is  assessed  for  school  taxes  in  the 
township  district,  and  who  has  resided  in  the  district  as 
above  stated  shall  be  a  qualified  voter:  Provided,  That  a 
husband  and  wife  who  own  property  jointly  and  which  is 
assessed  for  school  taxes  in  the  school  district  may,  if  other- 
wise qualified,  vote  upon  the  question  of  raising  money. 

(233)  SEC.  4.  The  annual  meeting  of  said  township  dis- 
trict shall  occur  on  the  second  Monday  of  July  in  each  year 
at  the  usual  place  of  holding  the  township  meeting,  and  the 
school  year  shall  commence  on  that  day.  It  shall  be  the 
duty  of  the  secretary  of  the  board  to  give  notice  of  all  annual 
meetings  and  of  any  special  meetings  of  said  district  by  post- 
ing a  written  or  printed  notice  thereof  in  at  least  five  con- 
spicuous places  in  said  township,  and  one  notice  on  each 
school  building,  at  least  five  days  prior  to  said  meeting.  The 
notice  of  any  annual  or  special  meeting  shall  state  the  pur- 
pose of  the  meeting,  the  place,  date  and  hour  of  holding  the 
same.  The  notice  of  the  annual  meeting  shall  specify  that 
during  the  last  two  hours,  or  between  three  and  five  o'clock, 


GENERAL    SCHOOL   LAWS.  109 

the  general  business  of  the  district  as  to  voting  taxes  will 
take  place.   In  case  the  president  or  secretary  of  the  board  of 
education  shall  be  absent,  the  voters  present  may  appoint  a 
temporary  president  or  secretary.    At  the  first  school  meet-  Polls, 
ing,  and  at  all  succeeding  annual  meetings  the  polls  shall  2Sngg  ai 
open  at-  ten  o'clock  a.  m.  and  be  kept  open  seven  consecu- 
tive hours,  and  the  election  shall  be  conducted  in  a  similar 
manner  to  the  one  in  which  township  officers  are  elected,  and 
at  the  hour  of  closing  the  chairman  of  the  board  of  election     _ 
shall  declare  the  polls  closed,  and  the  board  shall  immediate- 
ly proceed  to  canvass  and  announce  the  result  of  the  vote. 

(234)  SEC.  5.    If  any  person  offering  to  vote  at  a  town-  challenge 
ship  school  district  meeting  shall  be  challenged  as  unquali-  of  voter- 
fied  by  any  legal  voter  in  such  district  or  by  the  presiding 
officer,  the  chairman  presiding  at  such  meeting  shall  declare 

to  the  person  challenged  the  qualifications  of  a  voter;  and  if 
such  person  shall  state  that  he  is  qiialified  and  the  challenge 
is  not  withdrawn,  the  chairman  shall  tender  to  him  an  oath, 
in  substance  as  follows:  "You  do  swear  (or  affirm)  that  you  Form  of  oath. 
are  a  citizen  of  the  United  States,  that  you  have  been  for  the 
last  three  months  an  actual  resident  of  this  school  district, 
or  residing  upon  territory  now  attached  to  this  school  dis- 
trict, and  that  you  own  property  assessed  for  school  taxes 
therein;"  and  every  person  taking  this  oath  shall  be  per- 
mitted to  vote  upon  all  questions  proposed  at  such  meetings, 
or  he  may  take  the  following  oath,  to-wit:  "You  do  swear 
(or  affirm)  that  you  are  a  ciuzen  of  the  United  States,  that 
you  have  been  for  the  last  three  months  an  actual  resident 
of  this  school  district,  or  residing  upon  territory  now  at- 
tached to  this  school  district,  and  that  you  are  the  parent  or 
legal  guardian  of  one  or  more  children  now  included  in  the 
school  census  of  the  district;'7  and  he  may  vote  upon  all 
questions- which  do  not  directly  involve  the  raising  of  money 
by  tax.  If  any  person  so  challenged  shall  refuse  to  take  such  False 
oath  his  vote  shall  be  rejected;  and  any  person  who  shall  wil-  sweanns- 
fully  take  a  false  oath  or  make  a  false  affirmation  under  the 
provisions  of  this  section,  shall  be  deemed  guilty  of  perjury. 
When  any  question  is  taken  any  other  way  than  by  ballot, 
a  challenge  immediately  after  the  vote  has  been  taken  shall 
be  deemed  to  be  made  when  offering  the  vote,  and  treated 
in  the  same  manner. 

(235)  SEC.  6.     Within  five  days  after  the  first  election  Township 
under  this  act   the  township  clerk   shall  notify   in   writing  SJfyto 
the  persons  elected  as  trustees  of  their  election,  and  within  ggfg^  etc 
five  days  thereafter  said  trustees  so  elected  shall  file  with  the 
township   clerk   a   written   acceptance   of   the   office,   accom- 
panied by  an  affidavit  properly  acknowledged  that  such  per- 
son is  a  qualified  voter  on  school  questions,  that  his  name  ap- 
pears on  the  assessment  roll  of  the  township  for  school  taxes, 

and  that  he  is  the  owner  in  his  own  right  of  the  property  in 
fee,  by  contract  or  homestead  right,  so  assessed,  and  such  ac- 


110 


STATE    OP    MICHIGAN. 


Meeting  of 
board,  offi- 
cers, etc. 


Quorum, 

regular 

meeting. 


Special 
meetings. 


ceptances  and  affidavits  shall  be  filed  by  the  township  clerk 

Acceptances,     in  his  office.    All  persons  elected  as  trustees  of  the  township 

ed"      school  district  after  said  first  election  shall  file  such  written 

acceptances  and  affidavits  with  the  secretary  of  the  board  of 

education  and  they  shall  bo  made  a  part  of  the  records  of 

the  district. 

(236)  SEC.  7.     The  members  of  the  board  of  education 
shall  meet  on  the  fourth  Monday  of  July  following  the  first 
election  under  this  act,  and    at    such    meeting  the  trustee 
whose  term  of  office  first  expires  shall  be  temporary  chair- 
man, and  at  this  meeting  the  trustees  shall  elect  from  their 
number  a  president,  a  secretary  and  a  treasurer,  who  shall 
severally  serve  in  such  capacity  during  his  term  of  office  and 
until  his  successor  shall  have  been  duly  elected  and  qualified. 
Immediately  upon  the  organization  of  the  board  the  secre- 
tary shall  notify  the  county  commissioner  and  the  superin- 
tendent of  public  instruction,  giving  the  name  and  post  office 
address  of  each  officer.     A  majority  of  the  members  of  the 
board  shall  constitute  a  quorum,  and  the  board  shall  hold 
a  regular  meeting  on  the  fourth  Monday  of  each  month  in  the 
year  and  no  notice  of  such  meeting  shall  be  required.     The 
board  may  hold  special  meetings  at  any  time  on  the  call  of 
the  president  and  secretary,  and  of  such  meetings  the  secre- 
tary shall  give  at  least  twenty-four  hours  written  notice  to 
each  member  of  the  board.    All  business  which  the  board  of 
education  is  authorized  to  perform  shall  be  done  at  a  meeting 
of  said  board,  and  no  act  shall  be  valid  unless  voted  at  a 
meeting  of  the  board  by  an  affirmative  vote  of  a  majority 
thereof  and  a  proper  record  made  of  such  vote.   The  minutes 
of  all  school  meetings  and  board  meetings  must  be  signed 
by  the  secretary. 

(237)  SEC.  8.    A  school  district  office  shall  become  vacant 
immediately  upon  any  of  the  following  events: 

First,   The  death  of  the  incumbent; 

Second,    His  resignation; 

Third,  His  removal  from  office; 

Fourth,    His  removal  from  the  district; 

Fifth,    His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office  or  to 
give  or  renew  any  official  bond  according  to  law; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  district ; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting. 

(238)  SEC.  9.    The  board  of  education  shall  have  the  fol- 
lowing powers  and  duties: 

Fill  vacancies.  (a)  To  fill  any  vacancies  that  may  occur  in  the  office  of 
trustee  until  the  next  annual  meeting,  and  the  person  or  per- 
sons so  appointed  shall  file  his  acceptance  and  affidavit  as 
hereinbefore  provided; 


Office,  when 

deemed 

vacant. 


GENERAL  SCHOOL  LAWS.  Ill 

(b)  To  purchase  or  lease  in  the  name  of  the  district  such  Purchase 
site  or  sites  for  school  houses  as  may  be  necessary,  out  of  the  sch°o1  sltes- 
fund  provided  for  that  purpose,  and  make  sale  of  any  site  or 

other  property  of  the  district  when  lawfully  directed  to  do 
so  by  the  qualified  voters :  Provided,  That  the  board  shall  Proviso, 
not  build  a  stone  or  brick  school  house  upon  any  site  without 
having  first  obtained  a  title  in  fee  to  the  same  or  a  lease  for 
at  least  ninety-nine  years,  nor  shall  a  frame  school  house  be 
erected  on  any  site  for  which  the  board  has  not  secured  a 
title  in  fee  or  a  lease  for  at  least  fifty  years,  and  in  all  cases 
where  school  sites  are  leased  the  board  shall  reserve  the 
privilege  of  removing  the  school  property  from  the  site  on  the 
expiration  of  the  lease; 

(c)  To  estimate  the  amount  of  money  necessary  to  be 
raised  for  buildings  and  sites  and  report  same  to  the  voters 
at  the  annual  meeting; 

(d)  To  vote   the   taxes   necessary   in    addition    to    other  vote^ taxes ^ 
school  funds  for  teachers'  wages  which  shall  be  accounted  for 

under  the  title  of  "general  fund;"  and  if  no  high  school  be 
established,  to  vote  such  taxes  as  may  be  necessary  to  pay  the 
tuition  of  any  and  all  children  of  high  school  age  resident  in 
such  township,  to  high  schools  already  established,  and  to 
vote  such  taxes  as  may  be  necessary  for  the  regular  running 
expenses  of  the  school,  which  shall  include  school  furnishings 
and  all  appendages,  library,  the  care  of  school  property,  rec- 
ord books  and  blanks,  and  all  apparatus  and  material  which 
may  be  necessary  in  order  that  the  schools  may  be  properly 
managed  and  maintained,  and  such  taxes  when  collected  and 
received  by  the  treasurer  of  the  board  shall  be  accounted  for 
under  the  title  '"general  fund.'7  All  moneys  received  from 
penal  fines  for  library  purposes  and  all  moneys  received  for 
buildings  and  sites  shall  be  kept  in  separate  accounts  under 
proper  title :  Provided,  That  when  the  district  or  the  board  Proviso. 
has  voted- a  tax  for  any  legal  purpose  and  the  money  is  need- 
ed before  the  tax  can  be  levied  and  collected  the  board  may 
borrow  on  the  warrant  of  the  district  a  sum  not  to  exceed  the 
amount  of  tax  voted  for  such  purpose; 

(e)  Between   the  second  Monday  of  July  and  the  first  Taxes  levie(i 
Monday  of  August  in  each  year,  to  make  out  and  deliver  to 

the  township  clerk  a  report  in  writing,  signed  by  the  presi- 
dent and  secretary,  of  all  taxes  for  school  purposes  voted 
by  the  district  and  by  the  district  board,  to  be  levied  on  the 
taxable  property  of  the  district; 

(f )  To  apply  and  pay  over  all  school  moneys  belonging  ^c^s 
to  the  district  in  accordance  with  the  provisions  of  the  law  uses,  etc. 
regulating  the  same,  and  no  money  raised  by  tax  shall  be 

used  for  any  other  purpose  than  that  for  which  it  was  raised 
without  the  consent  of  a  majority  of  the  taxpaying  voters 
of  the  district  present  at  an  annual  meeting  or  a  special  meet- 
ing, and  no  moneys  received  from  the  primary  school  interest 


112 


STATE    OF    MICHIGAN. 


Custody  of 

school 

property. 


Text  books, 
adoption  of, 
etc. 


fund  shall  be  appropriated  to  any  other  use  than  the  pay- 
ment of  teachers'  wages,  except  as  hereinafter  provided,  and 
no  money  received  for  teachers'  wages  shall  be  paid  to  any 
person  who  is  not  the  holder  of  a  proper  certificate  of  qualifi- 
cation authorizing  him  to  teach,  and  granted  to  said  person 
before  the  commencement  of  his  school.  The  board  shall 
not  apply  any  moneys  received  by  it  from  any  source  for 
the  support  or  maintenance  of  any  school  of  a  sectarian 
character,  whether  the  same  be  under  the  control  of  any 
religious  society  or  made  sectarian  by  the  school  board; 

(g)  To.  have  the  care  and  custody  of  all  school  property 
and  to  provide  suitable  school  privileges  and  sanitary  condi- 
tions for  all  schools,  a  suitable  water  supply  and  all  record 
books  and  blanks; 

(h)  To  specify  the  studies  to  be  pursued  in  the  schools  of 
the  district  and  adopt  a  suitable  course  of  study  for  said 
schools ; 

(i)  To  select  and  adopt  suitable  text-books  for  use  in  the 
schools,  and  the  secretary  shall  make  a  record  of  such  adop- 
tion. Text-books  once  adopted  under  the  provisions  of  this 
act  shall  not  be  changed  within  five  years  except  by  the  con- 
sent of  a  majority  of  the  qualified  voters  of  the  district  pres- 
ent at  any  annual  or  special  meeting:  Provided,  That  in  the 
adoption  of  text-books  the  board  shall  provide  for  instruction 
in  the  subject  of  physiology  and  hygiene  with  special  •  refer- 
ence to  the  nature  of  alcohol  and  narcotics  and  their  effects 
upon  the  human  system,  and  sanitary  science.  Text-books 
adopted  in  this  subject  shall  give  at  least  one-fourth  of  their 
space  to  the  consideration  of  such  subjects,  and  for  the  high 
schools  such  books  shall  contain  at  least  twenty  pages  of  such 
matter,  and  the  instruction  in  this  subject  shall  be  given  in 
such  manner  and  at  such,  times  as  may  be  suited  to  the  grade 
of  the  pupils.  The  text-books  used  in  giving  such  instruction 
shall  first  be  approved  by  the  state  board  of  education.  Each 
teacher  or  superintendent  shall  report  to  the  board  of  educa- 
tion at  the  close  of  each  term  or  year  in  regard  to  the  quan- 
tity and  character  of  such  special  instruction  in  the  subject 
of  alcohol  and  narcotics,  and  the  secretary  of  the  board  shall 
certify  to  the  superintendent  of  public  instruction  that  such 
instruction  has  been  given; 

(j)  To  have  the  general  care  of  the  schools  of  the  district 
and  make  and  enforce  suitable  rules  and  regulations  for  the 
general  management  of  the  schools  and  for  the  preservation 
of  the  property  of  the  district,  and  to  purchase  at  the  ex- 
pense of  the  district  such  text-books  as  may  be  necessary  for 
the  use  of  children  whose  parents  are  not  able  to  furnish 
same.  The  board  may  authorize  or  order  the  suspension  or 
expulsion  from  school  of  any  pupil  guilty  of  gross  misde- 
meanor or  persistent  disobedience,  or  one  having  habits  or 
bodily  conditions  detrimental  to  the  school,  whenever  in  its 
judgment  the  interests  of  the  school  may  demand  it; 


Regulation  of 
schools. 


Suspension, 
etc. 


GENERAL    SCHOOL   LAWS.  113 

(k)  The  board  may  admit  to  the  schools  of  the  township  Non-resident 
any  non-resident  pupils  and  determine  the  rate  of  tuition  of  p 
such  pupils  and  collect  same.  Children  who  are  being  cared 
for  at  county  expense  shall  be  admitted  to  the  school  in  the 
township  which  is  nearest  the  county  house  or  in  which  the 
county  house  may  be  located,  on  the  same  terms  that  non- 
resident pupils  are  admitted.  When  non-resident  pupils,  their 
parents  or  guardians,  pay  a  school  tax  in  said  district  such 
children  shall  be  admitted  to  the  schools  of  the  district,  and 
the  amount  of  such  school  tax  shall  be  credited  on  their  tui- 
tion in  a  sum  not  to  exceed  the  amount  of  such  tuition; 

(1)  To  make  rules  relative  to  the  taking  of  census  of  all  School  census, 
children  resident  in  said  township  district  five  years  of  age 
and  under  twenty  years,  and  to  make  all  necessary  reports 
and  transmit  the  same  to  the  proper  officers  as  designated 
by  law  so  that  the  district  may  be  entitled  to  its  proportion 
of  the  primary  school  fund; 

(m)     To  fix  the  length  of  time  school  shall  be  kept  in  all 
the  schools  of  the  township,  which  shall  be  the  same  for  all 
schools  and  not  less  than  five  months  in  each  year :   Provided,  Proviso. 
That  all  persons,  residents  of  any  township  school  district 
and  five  years  of  age,  shall  have  an  equal  right  to  attend  any 
school  therein,  and  no  separate  school  or  department  shall  be 
kept  for  any  person  on  account  of  race  or  color:     Provided  Further 
further,  That  this  shall  not  be  construed  to  prevent  the  classi- E 
fying  and  grading  of  the  schools  according  to  the  intellectual 
progress  of  the  pupils,  such  grades  to  be  taught  in  such  sepa- 
rate places  as  may  be  deemed  expedient ; 

(n)  To  establish  and  maintain  a  district  library  and  pro- 
vide for  its  care  and  management; 

(o)  To  establish  and  maintain  a  high  school  or  high 
schools  for  the  township  and  determine  the  qualifications  for 
admission  thereto :  Provided,  That  if  a  township  high  school  Proviso, 
be  not  maintained  the  board  of  education  shall  pay  out  of 
funds  hereinbefore  provided  for,  the  tuition  of  any  and  all 
children  of  high  school  age  who  desire  to  attend  high  schools 
in  the  same  township  or  in  adjoining  townships :  Provided 
further,  That  if  in  such  township  or  adjoining  townships 
there  be  no  established  high  school  then  the  tuition  of  such 
children  shall  be  paid  in  such  high  school  as  shall  be  desig- 
nated by  such  township  board  of  education; 

(p)  To  authorize  the  secretary  to  purchase  and  provide 
such  incidental  apparatus  and  material  as  may  be  deemed  ad- 
visable for  the  schools,  and  to  audit  and  order  the  payment 
of  all  accounts  for  such  expenses  and  material ; 

(q)     To  employ  a  superintendent  of  schools  for  the  town- 
ship,  when  the  same  is  authorized  by  a  vote  of  the  electors  ingot 
thereof,  and  to  employ  such  other  officers  and  servants  as 
may  be  necessary  for  the  management  of  the  schools  and 
school  property,  and  to  prescribe  their  duties  and  fix  their 

15 


114 


STATE    OF    MICHIGAN. 


Duties. 


Teachers 
employing  of, 


Qualifications,  compensation.  The  superintendent  of  schools  herein  provided 
for  shall  be  the  holder  of  at  least  a  state  life  certificate  or  a 
normal  school  diploma,  or  he  shall  have  educational  qualifica- 
tions equivalent  thereto  and  shall  be  the  holder  of  a  diploma 
from  a  college  or  university  of  recognized  standing,  and  he 
shall  have  the  following  duties: 

First,  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause,  until  the 
board  of  education  or  a  committee  of  such  board  may  con- 
sider such  suspension; 

Second,    To  classify  and  control  the  promotion  of  pupils; 

Third,  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  study  and  the  proper  text  books  to  be 
used; 

Fourth,  To  make  reports  in  writing  to  the  board  of  educa- 
tion and  to  the  superintendent  of  public  instruction  annually 
or  of tener  if  required ; 

Fifth,    To  supervise  and  direct  the  work  of  the  teachers; 

Sixth,  To  assist  the  board  in  all  matters  pertaining  to  the 
general  welfare  of  the  school,  and  to  perform  such  other 
duties  as  the  board  may  determine; 

(r)  To  hire  and  contract  with  such  legally  qualified  teach- 
conTracts?  etc.  ers  as  may  be  required,  and  all  contracts  shall  be  in  writing 
and  signed  by  a  majority  of  the  board  in  behalf  of  the  dis- 
trict. Said  contracts  shall  specify  the  wages  agreed  upon 
and  require  the  teachers  to  keep  a  correct  record  of  all  school 
work,  the  number  of  pupils,  the  classification  and  grading, 
the  aggregate  and  average  attendance  and  the  percentage  of 
attendance,  and  to  furnish  the  secretary  with  a  correct  copy 
of  the  same  at  the  close  of  school.  The  contracts  shall  also 
require  the  board  to  provide  all  proper  material  and  keep 
the  school  property  in  proper  and  sanitary  condition.  The 
contract  shall  be  filed  writh  the  secretary  and  a  duplicate  fur- 
nished the  teacher.  A  contract  with  a  person  not  holding 
a  legal  certificate  of  qualification  shall  be  invalid  and  all  con- 
tracts shall  terminate  if  the  certificate  of  the  teacher  shall 
expire  by  limitation  within  its  term,  or  if  the  certificate  be 
suspended  or  revoked  by  proper  authority:  Provided,  That 
in  case  of  illness  of  the  teacher  or  when  a  legally  qualified 
teacher  cannot  be  found  by  the  board  or  by  the  commissioner 
of  schools,  a  person  otherwise  qualified  but  not  holding  a 
certificate  may  be  employed  temporarily  as  a  supply,  and 
such  supply  service  shall  be  paid  for  from  the  general  fund. 
A  school  month  within  the  meaning  of  the  school  laws  shall 
consist  of  four  weeks  of  five  days  in  each  week; 

(s)  And  to  do  all  things  needful  and  necessary  for  the 
maintenance,  prosperity,  and  success  of  the  schools  of  the 
district  and  the  promotion  of  the  thorough  education  of  the 
children  thereof. 


Filing  of 
contracts. 


Proviso. 


Am.   1911,  Act  143. 


GENERAL    SCHOOL    LAWS.  115 

(239)     SEC.  10.     It  shall  be  the  duty  of  the  president  of  President 
the  board: 

First,   To  preside  at  all  meetings  of  the  district  and  of  the  TO  preside, 
board ; 

Second,  To  countersign  all  orders  legally  drawn  by  the  Countersign 
secretary  upon  the  treasurer  for  moneys  to  be  disbursed  by 
the  district,  and  all  warrants  of  the  secretary  upon  the 
township  treasurer  for  moneys  raised  for  district  purposes  or 
apportioned  to  the  district  by  the  township  clerk  or  other 
officer; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,    To  preserve  order  in  all  meetings  of  the  district,  Meetings, 
and  he  may  arrest  or  order  the  arrest  of  any  person  or  per-  of?etc?an 
sons  who  shall  conduct  himself  or  themselves  in  a  disorderly 
manner,  or  who  shall  disturb  such  meeting  by  rude  or  in- 
decent behavior,  or  by  profane  or  indecent  discourse  or  ill 
any  other  way  make  such  disturbance,  and  such  person  shall, 
on  conviction  thereof  in  a  court  of  competent  jurisdiction,  be  Penalty, 
punished  by  a  fine  of  not  less  than  two  dollars  nor  more 
than  fifty  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  thirty  days.    Any  justice  of  the  peace,  recorder  or  jurisdiction, 
police  justice  of  the  county  where  such  offense  shall  be  com- 
mitted shall  have  jurisdiction  to  try  and  determine  the  same; 

Fifth,    He  may   make   complaint   before  a  justice   of  the  Complaint  for 
peace  against  any  person  who  shall  disturb  any  school  in  the  dl 
township  by  rude  and  indecent  behavior  or  by  profane  and  in- 
decent discourse  or  in  any  other  way  make  such  disturbance, 
and  such  person  shall  on  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  two  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days; 

Sixth,  To  perform  the  duties  required  of  the  superintend-  Perform 
ent,  where  such  superintendent  is  not  appointed,  and  such  superm°-f 
other  duties  as  may  be  appropriate  to  his  office  in  the  man- tendent- 
agement  of  the  schools  as  the  board  shall  determine. 

(240)     SEC.  1.1.     It  shall  be  the  duty  of  the  secretary  of 
each  board  of  education : 

First,   To  act  as  clerk  at  all  meetings  of  the  district  and  of 
the  board ; 

Second,   To  record  the  proceedings  of  all  district  meetings  Record  of 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other  pl 
proceedings  of  the  board  in  proper  record  books  and  sign  the 
same ; 

Third,   To  give  the  prescribed  notice  of  the  annual  meeting  Notice  of 
and  of  any  special  meetings  of  the  district  which  the  board  ra 
may  call :   Provided,  That  the  notice  of  all  annual  and  special  Proviso, 
meetings  shall  be  properly  posted  in  at  least  five  public  places 
in  the  township  and  one  on  each  school  building  not  less  than 


116 


STATE    OF    MICHIGAN. 


Further 
proviso. 


Warrants, 
orders,  etc. 


Numbering. 


Sign 
contracts. 


Purchase 
apparatus. 


Accounts, 
payment, 
etc. 


Estimates, 
when  and 
to  whom 
presented. 


File  re- 
ports, etc. 


Annual  report, 
what  to  con- 
tain, etc. 


five  days  prior  to  such  meeting:  Provided  further.  That  on 
the  petition  of  at  least  one-tenth  and  not  less  than  twenty-five 
of  the  qualified  voters  of  the  township  district  presented  to 
the  secretary  or  president  for  the  purpose  of  calling  a  special 
school  meeting,  the  secretary  shall  give  the  notice  as  herein- 
before provided; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes  or  appor- 
tioned to  the  district  by  the  township  clerk  or  other  officer 
and  payable  to  the  treasurer  of  the  district,  and  orders  upon 
the  district  treasurer  for  all  moneys  to  be  disbursed  by  the 
district,  and  present  such  warrants  or  orders  to  the  president 
to  be  countersigned  by  that  officer.  Each  warrant  and  order 
shall  be  properly  numbered  and  dated,  and  each  warrant 
shall  specify  the  sources  of  the  funds  called  for,  and  each 
order  the  purpose  for  which  and  the  fund  upon  which  it  is 
drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  super- 
intendents or  other  employes,  when  directed  by  the  district 
board,  and  present  such  contracts  to  the  other  members  of 
the  board  for  further  signature; 

Sixth,  To  purchase  the  necessary  appendages  and  inci- 
dentals for  school  use  as  hereinbefore  provided,  and  to  see 
that  such  apparatus  and  material  is  kept  in  good  repair  at 
all  times; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in- 
curred by  him  as  secretary,  such  accounts  to  be  presented 
to  and  audited  by  the  board,  and  on  its  written  order  paid 
out  of  the  appropriate  fund; 

Eighth,  At  the  regular  meeting  of  the  board  in  the  month 
of  June,  to  present  an  estimate  of  the  expenses  necessary 
to  be  incurred  during  the  ensuing  year,  and  an  estimate  of 
the  amount  of  money  necessary  for  buildings,  sites  or  repairs, 
and  upon  these  estimates  the  board  shall  act  and  fix  the 
amount  to  be  presented  to  the  people  at  the  annual  meeting; 
and  the  board  shall  vote  the  several  amounts  for  taxes  to  be 
levied  for  teachers7  wages  and  the  general  running  expenses 
of  the  school  as  hereinbefore  provided; 

Ninth,  To  preserve  and  file  copies  of  all  reports  to  the 
township  clerk  or  county  clerk  and  the  superintendent  of 
public  instruction,  and  to  preserve  and  keep  all  books, 
papers,  records  and  other  documents  belonging  to  the  office 
of  secretary  or  to  the  district  when  not  otherwise  provided 
for,  and  to  deliver  the  same  to  his  successor  in  office; 

Tenth,  The  secretary  shall,  at  the  end  of  the  school  year 
and  previous  to  the  second  Monday  in  July,  prepare  an 
annual  report  of  the  school  district,  said  report  to  contain: 

(1)  The  whole  number  of  children  belonging  to  the  dis- 
trict five  years  of  age  and  under  twenty,  according  to  the 
school  census  of  said  district; 


GENERAL    SCHOOL    LAWS.  117 

(2)  The  number  attending  school  during  the  year; 

(3)  The  number  of  non-resident  pupils  attending  during 
the  year; 

(4)  The  whole  number  that  have  attended  school  during 
the  year; 

(5)  The  length  of  time  school  has  been  taught,  the  name 
of  each  teacher  and  the  length  of  time  taught  by  each  and 
the  wages  paid  to  each ; 

(6)  The  average  attendance  and  the  percentage  of  attend- 
ance of  pupils  during  the  year; 

(7)  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

(8)  The  amount  of  money  raised  by  the  district  and  the 
purposes  for  which  it  was  raised,  the  amount  of  primary  and 
library    money    and    the    amount    received    from    all    other 
sources ; 

(9)  The  text  books  used  in  the  school; 

(10)  Such   other  facts  and  statistics  in   regard    to    the  other 
schools  and  the  subject  of  education  as  the  superintendent statls 

of  public  instruction  shall  direct.    Said  report  shall  be  in  Form  of  re- 
such  form  as  said  superintendent  may  prepare  and  direct.  o^et^11116 
In  all  township  districts  one  copy  of  said  report  shall  be  filed 
with  the  township   clerk  on  or  before  the  first  Monday  of 
August  in  each  year,  and  the  other  two,  together  with  all 
others,   forwarded   immediately    after  the   first    Monday   in 
August  to  the  county  commissioner  of  schools; 

(11)  To  perform  such  other  duties  as  are  or  shall  be  re- 
quired by  law  or  by  the  board  of  education. 

(241)     SEC.  12.    It  shall  be  the  duty  of  the  treasurer  of  the  Treasurer, 
board  of  education: 

First,    Within  ten  days  after  his  election  or  appointment  TO  me  bond, 
to  execute  to  the  district  and  file  with  the  secretary  of  the  sureties- 
board  a  bond  in  the  full  amount  of  money  to  come  into  his 
hands  during  each  year  as  such  treasurer,  as  near  as  the 
same  can  be  ascertained,  with  two  or  more  sufficient  sureties, 
each  of  whom  shall  justify  under  oath  and  before  a  proper 
officer,  to  the  amount  for  which  he  is  held  in  the  bond,  and 
the  sum  of  such  amounts  shall  be  equal  to  the  full  amount  of 
the  bond;  or  the  treasurer  may  provide,  at  the  expense  of  the 
district,  a  similar  bond  of  some  surety  company  authorized  Surety 
to  do  business  in  this  state,  said  bond  to  be  approved  by  the  cc 
president  and  secretary  of  the  board,    conditioned    for    the 
faithful    performance    of    his    duties    under    this    act    and 
honestly  accounting  for  all  moneys  coming  into  his  hands  be- 
longing to  said  district  according  to  the  general  accounting 
laws  of  the  state.     Said  bond  when  approved  shall  be  filed  where  filed, 
with  the  secretary  of  the  board,  and  none    of    the    books, 
money  or  property  of  the  district  shall  be  placed  in  the  hands 
of  the  treasurer  until  such  bond  has  been  so  filed  and  ap- 
proved :   Provided,  That  if  for  any  unforeseen  reason  a  larger  Proviso, 
sum  of  money  should  become  due  the  district  than  the  bond  iJ 


118 


STATE    OF    MICHIGAN. 


Custody  of 
moneys. 


Deposits, 
interest,  etc. 


would   cover,   the   treasurer  shall   increase  the  bond  to  the 
when  suit        proper  amount  before  such  money  comes  into  his  hands.     In 

commenced.  „  ,  ,        _     , 

case  of  any  breach  of  the  conditions  of  said  bond  the  presi- 
dent shall  cause  suit  to  be  commenced  thereon  in  the  name  of 
the"  district,  and  any  moneys  collected  thereon  shall  be  paid 
into  the  township  treasury,  subject  to  the  order  of  the  dis- 
trict, and  such  moneys  shall  be  applied  to  the  same  purposes 
as  the  money  lost  should  have  been  applied  by  the  treasurer; 

Second,  The  treasurer  shall  have  the  care  and  custody  of 
all  the  moneys  of  the  district  coming  into  his  hands,  and  he 
shall  not  loan  the  same,  nor  use  the  same  for  his  own  pur- 
poses, nor  permit  other  private  individuals  or  corporations 
to  use  the  same  except  as  provided  by  law,  nor  shall  he  mix 
such  money  with  his  own  money,  but  he  shall  keep  it  sepa- 
rate and  apart  from  all  other  funds; 

Third,  He  may,  with  the  consent  of  the  board  of  education, 
deposit  school  moneys  with  any  bank  or  banking  corporation 
or  trust  company  for  safe-keeping,  and  require  such  bank  or 
company  to  pay  interest  thereon.  Such  deposit  shall  be 
made  in  his  name  as  treasurer  of  the  district,  and  such  inter- 
est shall  be  accounted  for  to  the  district  and  become  a  part 
of  the  general  fund  of  said  district:  Provided,  That  any  de- 
posit of  such  funds  shall  not  be  privileged,  but  shall  be  open 
to  inspection  of  anj'  trustee  of  the  district  or  any  person 
authorized  to  audit  school  accounts; 

Fourth,  To  pay  all  orders  of  the  secretary  when  lawfully 
drawn  and  countersigned  by  the  president,  out  of  any 
moneys  in  his  hands  belonging  to  the  fund  upon  which  such 
orders  may  be  drawn; 

Fifth,  To  keep  a  book  in  which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  person  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Sixth,  To  present  to  the  district  board  and  to  the  district 
at  the  close  of  the  school  year  a  report  in  writing  containing 
a  statement  of  all  moneys  received  during  the  preceding  year 
and  of  each  item  of  disbursement  made,  and  exhibit  the 
vouchers  therefor,  and  said  vouchers  shall  be  filed  in  his 
office  permanently; 

Seventh,  To  appear  for  and  on  behalf  of  the  district  in  all 
suits  brought  by  or  against  the  same,  when  no  other  direc- 
tions shall  be  given  by  the  qualified  voters  in  a  district  meet- 
ing, except  in  suits  in  which  he  is  interested  adversely  to  the 
district,  and  in  all  such  cases  the  president  shall  appear  for 
the  district; 

Eighth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  to  deliver  to  his  successor  in  office  all 
books,  vouchers,  orders,  documents  and  papers  belonging  to 
the  office  of  treasurer,  together  with  all  district  moneys  re- 
maining on  hand; 


Proviso, 
inspection. 


Pay  orders. 


Keep  book  of 
accounts,  etc. 


Annual 
reports. 


Appear  for 
district 
in  suits. 


Deliver 
books,  etc. 


GENERAL    SCHOOL   LAWS.  119 

Ninth,  To  perform  such  other  duties  as  are  or  shall  be  re-  other  duties, 
quired  by  law  of  the  treasurer. 

(242)  SEC.  13.  At  each  annual  school  meeting  held  in 
said  township  district  the  board  of  education  shall  present 
its  estimate  of  the  amount  of  money  needed  to  be  raised  by 
tax  during  the  ensuing  year  for  buildings  and  sites  and  an 
estimate  of  the  amount  for  which  bonds  shall  be  issued  if 
needed.  This  estimate  shall  be  presented  by  the  board  and  Time- 
considered  by  the  qualified  voters  during  the  last  two  hours 
of  the  time  during  which  the  polls  for  the  election  of  trus- 
tees are  to  be  open,  or  between  the  hours  of  three  and  five 
o'clock  p.  m.  The  qualified  voters  on  the  question  of  voting 
taxes  present  at  that  time  shall  determine  the  amount  of 
money  to  be  raised  by  tax  for  these  purposes,  and  they  may 
direct  that  the  vote  shall  be  taken  by  ballot  or  in  any  other 
way  which  shall  be  deemed  best.  The  people  shall  have 
authority  to  increase  or  decrease  the  amount  of  the  estimate 
submitted  by  the  board  and  when  such  amounts  have  been 
voted  by  a  majority  of  the  qualified  voters  present  the  secre- 
tary of  the  board  of  education  shall,  on  or  before  the  first 
Monday  of  August,  certify  to  the  township  clerk  of  the  town-  Taxes, 
ship  the  amount  of  such  taxes,  together  with  the  amount  of 
all  taxes  which  the  board  of  education  is  authorized  to  im- 
pose, and  said  township  clerk  shall  report  the  same -to  the 
supervisor  of  the  township,  and  if  the  township  district  is 
a  fractional  district  said  clerk  shall  report  such  taxes  to  the 
clerks  of  other  townships  in  which  said  district  may  be  in 
part  situated,  and  such  clerks  shall  report  the  amounts  to 
their  respective'  supervisors  who  shall  spread  the  same  upon 
the  regular  tax  roll  of  such  township  or  townships  in  the 
manner  provided  for  by  statute,  and  the  same  shall  be  levied, 
collected,  and  returned  in  the  same  manner  as  all  township 
taxes :  Provided,  That  if  the  qualified  voters  present  as  Proviso, 
aforesaid  do  not  or  can  not  determine  the  amount  of  money 
to  be  raised  by  tax  for  the  purposes  specified,  the  board  of 
education  shall  determine  the  same :  Provided  further,  That  Further 
special  meetings  of  the  district  may  be  called  to  vote  on  the  pl 
question  of  bonding  the  district  for  any  of  the  purposes  men- 
tioned. Such  vote  shall  be  by  ballot  and  a  majority  of  the 
votes  cast  shall  be  necessary  to  carry  the  question.  The  form  foj™  of 
of  ballot  shall  be:  "For  bonding  the  township  district  for 

I ,  Yes,"   "For  bonding  the  township  district  for 

$ ,  No."    On  the  question  of  bonding,  the  board  of 

education  shall  act  as  an  election  board  and  cause  a  poll  list 
to  be  kept  and  a  suitable  ballot  box  used,  and  conduct  the 
election  and  canvass  the  votes  in  the  same  manner  as  a  regu- 
lar school  election.  When  bonds  have  been  voted  the  board  Bonds  to 

in  i    ,  i        11    11       i         -i  -•    n       ,1  f  issue  and  sell. 

shall  proceed  to  issue  and  sell  the  bonds  and  fix  the  rate  of 
interest  and  term  of  payments  thereon.  The  period  of  any 
school  bonds  shall  not  exceed  fifteen  years:  Provided,  That  Proviso. 


120 


STATE    OF    MICHIGAN. 


when  any  money  shall  have  been  borrowed  by  any  township 
school  district  upon  the  bonds  of  said  district  the  qualified 
voters  of  such  district  shall  have  power  at  any  annual  or 
special  meeting  to  impose  a  tax  on  tjie  taxable  property  in 
such  district  for  the  purpose  of  paying  the  principal  or  any 
part  thereof  and  the  interest  thereon,  to  be  levied  and  col- 
lected as  other  school  district  taxes  are  levied  and  collected. 


Taxes  in 
separate 
column. 


When  town- 
ship treas- 
urer to  pay 
over  moneys. 


To  collect 
from  other 
treasurers. 


Statement, 
board  to 
make,  con- 
tents, etc. 


Recording  of. 


Free  text- 
books, may 
be  submitted. 


Proviso,  bids. 


To  be  included 
in  budget. 


Am.   1911,   Act  143. 

(243)  SEC.  14.     All  taxes  assessed  within  said  township 
or  township  district  for  school  purposes  shall  be  set  forth  in 
the  assessment  roll  of  the  proper  township  in  a  separate  col- 
umn, apart  and  distinct  from  all  other  township  taxes. 

(244)  SEC.   15.     The  treasurer  of  the  township  shall  at 
any  time,  on  the  written  request  of  the  board  of  education, 
report    to    said    board  the  amount  of  school  money  in  his 
hands  and  shall,  on  the  order  of  the  secretary  of  the  board 
countersigned  by  the  president,  pay  to  the  treasurer  of  the 
board  all  or  any  of  such  moneys.   The  treasurer  of  the  town- 
ship shall  collect  from  the  treasurers  of  other  townships  in 
which  the  district  may  be  in  part  located  all  school  moneys 
belonging,  to  such  district  on  or  before  March  first  in  each 
year  and  report  the  same  to  the  township  clerk. 

(245)  SEC.  16.     The  said  board  of  education  shall  annu- 
ally, on  or  before  its  regular  meeting  in  the  month  of  June, 
make  a  detailed  statement  of  the  number  of  schools  in  said 
township  district,  the  number  of  teachers  employed,  the  num- 
ber of  pupils  instructed  therein  during  the  preceding  year, 
the  itemized  expenditures  of  said  board  for  all  purposes,  the 
resources  and  liabilities  of  said  district  and  also  an  estimate 
of  the  necessary  expenses  for  the  ensuing  year  exclusive  of 
the  income  from  the  primary  school  interest  fund  and  one 
mill  tax,  which  report  or  statement  shall  be  entered  at  length 
in  the  records  of  said  board  and  shall  be  publicly  read  by  the 
president  of  said  board  or  any  member  of  the  board,  to  the 
voters  of  the  township  at  their  annual  meeting  on  the  second 
Monday  of  July. 

(246)  SEC.  17.    The  board  of  education  at  any  annual  or 
special  meeting  may  submit  to  the  voters  of  the  district  the 
question  of  free  text-books,  and  if  a  majority  of  the  voters 
present  shall  vote  in  favor  of  the  use  of  free  text-books,  the 
said  board  shall  be  authorized  to  proceed  to  make  a  contract 
with  some  dealer  or  publisher  to  furnish  the  necessary  books 
used    in    said    district   at    a    price  not  greater  than  the  net 
wholesale  price  of  such  books,  and  to  vote  a  tax  for  such  pur 
pose :    Provided,  That  the  voters  at  such  meeting  may  direct 
the  board  of  education  to  advertise  for  proposals  and  bids  on 
such  contract.    Annually  thereafter  the  board  of  education 
shall  include  in  its  budget  a  sufficient  amount  to  maintain 
and  provide  the  proper  text-books  for  use  in  schools  and  such 
text-books  shall  be  sold  to  pupils  at  cost  and  furnished  free 


GENERAL  SCHOOL  LAWS.  121 

to  such  pupils  as  are  unable  to  buy  them,  and  such  books 
furnished  free  shall  be  the  property  of  the  district :  Pro- 
vided  further,  That  nothing  herein  contained  shall  prevent 
any  district  having  once  adopted  free  text-books  from  taking 
further  action  on  the  subject  at  any  subsequent  annual  meet- 
ing. 

(247)  SEC.  18.     All  school  property,  both  real  and  per-  Property 
sonal,  within  the  limits  of  the  township  district  as  created  ai 

or  organized  under  this  act,  shall  by  force  of  this  act  become 
the  property  of  the  public  schools  of  the  township,  and  all 
debts  and  liabilities  of  the  several  districts  heretofore  organ- 
ized in  such  township  as  they  existed  prior  to  the  passage  of 
this  act  shall  become  the  debts  and  liabilities  of  the  said  pub-  « 
lie  schools  of  the  township. 

(248)  SEC.  19.    All  money  raised  or  being  raised  by  tax,  Tax  not  m- 
or  accrued  or  accruing  to  the  school  districts  of  said  town-  vs 

ship  as  described  herein,  shall  become  the  money  of  the  pub- 
lic schools  of  the  township,  and  no  tax  heretofore  ordered 
assessed  or  levied  for  school  purposes  in  said  township  or 
other  proceedings  shall  be  invalidated  or  affected  by  means 
of  this  act. 

(249)  SEC.    20.     The   compensation    of   members    of   the  Compensation 
board  of  education  other  than  the  secretary  and  treasurer  Officers.  ai 
shall  be  two  dollars  for  attendance  at  each  regular  meeting 

of  the  board.  The  secretary  and  treasurer  of  said  board  shall 
receive  such  compensation  for  their  services  as  the  board  of 
education  may  determine,  not  exceeding  one  hundred  dollars 
for  the  treasurer  and  one  hundred  twenty-five  dollars  for  the 
secretary  per  annum.  The  amount  of  money  necessary  for 
the  services  of  district  officers  shall  be  included  in  the  regu- 
lar budget  voted  by  the  board  of  education  and  shall  be  paid 
from  the  general  fund. 

(250)  SEC.  21.     The  several  township  officers  shall  be  in- Board, 
eligible  to  election  as  members  of  the  board  of  education  dur-  officers11* 
ing  the  term  for  which  they  were  elected  and  any  votes  cast  ineli&lble 
for  such  township  officers  for  members  of  the  board  of  edu- 
cation shall  be  void.   It  shall  be  illegal  for  any  member  of  the  Member  not 
board  of  education  to  act  as  agent  for  any  author,  publisher  age^t1. as 
or  seller  of  school  books  or  school  apparatus,  or  to  receive 

any  gift  or  reward  for  his  influence  in  recommending  the  pur- 
chase or  use  of  any  school  book  or  apparatus  in  the  state  of 
Michigan.   It  shall  be  illegal  for  any  member  of  the  board  of  interest  in 
education  to  perform  any  labor  except  as  provided  in  this  cc 
act,  or  furnish  any  material  or  supplies  for  the  school  dis- 
trict in  which  he  is  an  officer,  and  he  shall  not  be  personally 
interested  in  any  way  whatever,  directly  or  indirectly,  in  any 
contract  with  the  district  in  which  he  holds  office.    Any  act  Penalty. 
herein   prohibited,   if  performed  by  any  such   school  officer, 
shall  be  deemed  a  misdemeanor  and  he  shall  be  liable  to  the 
punishment  provided  for  such  offense  in  accordance  with  the 
provisions  of  the  statute  in  such  case  made  and  provided. 


122 


STATE    OF    MICHIGAN. 


Refusal  to 
accept  office 
or  perform 
duty. 


Removal 
from  office. 


Proviso, 
when  order 
to  stand. 


Consolidation 
of  townships, 
board  to  act. 


Joint  session, 
appraisal,  etc. 


(251)  SEC.  22.     Any  person  duly  elected  to  the  office  of 
trustee  of  any  township  district,  who  shall  neglect  or  refuse 
without  sufficient  cause  to  accept  such  office  and  serve  there- 
in, or  who  having  entered  upon  the  duties  of  his  office  shall 
neglect  or  refuse  to  perform  any  duty  required  of  him  by  vir- 
tue of  his  office,  shall,  upon  conviction  in  any  court  of  com- 
petent jurisdiction,  be  fined  not  less  than  ten  dollars  in  the 
discretion  of  the  court,  and  if  he  shall  still  continue  to  neg- 
lect or  refuse  to  perform  the  duties  he  shall  be  liable  for  a 
similar  forfeiture  for  each  such  offense;  or  any  such  officer- 
may  be  removed  from  office  in  the  manner  provided  in  this 
act. 

(252)  SEC.  23.     The  superintendent  of  public  instruction 
shall  have  power  and  is  hereby  required  to  remove  from  office, 
upon  satisfactory  proof  and  after  at  least  ten  days'  notice  to 
the  party  implicated,  any  trustee  of  any  township  school  dis- 
trict who  shall  have  illegally  used  or  disposed  of  any  of  the 
public  moneys  entrusted  to  his  charge,  or  who  shall  persist- 
ently and  without  sufficient  cause  refuse  or  neglect  to  dis- 
charge any  of  the  duties  of  his  office,  and  in  case  of  such 
removal  it  shall  be  the  duty  of  the  said  state  superintendent 
to  record  in  the  office  of  the  township  clerk  of  such  township 
the  resolution  or  order  for  such  removal,  and  such  record  of 
such  resolution  or  order  so  entered,  or  a  certified  copy  there- 
of, shall  be  prima  facie  evidence  in  all  courts  and  places  of 
jurisdiction  of  the  regularity  of  such    proceedings    for    re- 
moval, and  said  state  superintendent  shall  file  a  similar  copy 
of  the  proceedings  in  the  records  of  his  office:     Provided, 
That  if  the  party  so  removed  shall,  within  thirty  days  after 
such  removal,  institute  proceedings  before  a  court  of  compe- 
tent jurisdiction  for  the  setting  aside  of  such,  order  for  re- 
moval from  office,  or  if  after  said  thirty  days  such  proceed- 
ings- to  obtain  such  removal    shall    be    discontinued  or  dis- 
missed, the  said  order  for  removal  from  office  shall  stand 
and  not  be  subject  to  attack  by  any  legal  proceedings  there- 
after. 

(253)  SEC.  24.     When  any  township  district  comprising 
one  township  shall  be  divided   into  two  or  more  townships 
or  when  any  two  townships  are  consolidated  for  school  pur- 
poses, the  existing  board  or  boards  of  trustees  shall  continue 
to  act  for  all  the  townships  until  the  same  shall  have  been 
organized  and  the  township  boards  of  trustees  duly  elected 
and  qualified  therein.    Immediately  after  such  organization 
the  township  boards  of  education  of  each  of  the  townships 
shall  meet  in  joint  session  and  direct  an  appraisal  of  all  the 
school  property  of  the  former  township  to  be  made.     When 
such  appraisal  has  been  made  said  township  boards  of  edu- 
cation shall  make  an  equitable  division  of  the  existing  assets 
and  liabilities  of  the  school  districts  of  such  former  township, 
basing    their    apportionment    upon    the    amount    of    taxable 
property  in  the  township  divided,  as  shown  by  the  last  assess- 


GENERAL  SCHOOL  LAWS.  123 


ment  roll  of  such  former  township.  When  a  township  district  Alteration 
shall  be  altered  in  its  limits  by  annexing   a    portion    of   its  Ol 
territory    to    another    township   or    townships,  the  township 
boards   of  education  of  such  townships,   shall,  immediately 
after  such  alteration,   meet   in   joint  session   and  make    an 
equitable  division  of  the  assets  and  liabilities  of  the  school 
districts  of  the  township  from  which  the  territory  has  been 
detached,  basing  their  division  upon  the  amount  of  taxable 
property  as  the  same  shall  appear  upon  the  last  assessment 
roll  of  such  township. 

(254)  SEC.  25.  When  any  ten  or  more  qualified  voters  in  Appeal  from 
any  township  district  shall  feel  themselves  aggrieved  by  any  board.  ° 
action,  order  or  decision  of  the  board  of  education  with  refer- 
ence to  the  formation  of  any  school,  the  division  or  arrange- 
ment of  any  territory,  or  location  of  the  schools,  or  the  main- 
taining of  school  in  any  part  of  said  district,  they  may,  at 
any  time  within  ninety  days  from  the  time  of  such  action  on 
the  part  of  said  board  of  education,  appeal  from  such  action, 
order  or  decision  of  said  board  of  education  to  the  state 
superintendent  of  public  instruction,  and  notice  of  such 
appeal  shall  be  served  on  the  secretary  of  the  board  of  educa- 
tion. The  superintendent  of  public  instruction,  upon  the  Supt.  of  pub- 

,    lie  instruction, 

receipt  of  such  appeal,  shall  have  power  to  entertain  such  duty  of. 
appeal,  and  review,  confirm,  set  aside  or  amend  the  action, 
order  or  decision  of  the  board  of  education  thus  appealed 
from,  or  if  in  his  opinion  the  appeal  is  frivolous  or  without 
sufficient  cause,  he  may  summarily  dismiss  the  same.  Said 
state  superintendent  of  public  instruction,  before  acting  upon 
such  appeal,  may  visit  the  locality  or  appoint  some  one  to 
do  so,  and  investigate  carefully  the  action,  order  or  deci- 
sion and  its  effect  upon  the  district  and  the  conditions  sur- 
rounding the  same,  and  he  or  his  appointee  shall  give  a  hear- 
ing at  some  place  within  the  county  where  such  township 
district  may  be  located  and  to  such  hearing  he  may  summon 
the  board  of  education,  the  complainants  and  any  persons 
who  may  have  knowledge  of  the  matter  at  issue.  After  the 
hearing  and  due  consideration,  said  superintendent  shall  ren- 
der his  decision  which  shall  be  final. 


TOWNSHIP  SCHOOL  DISTRICTS   IN  UPPER  PENINSULA. 

An  Act  for  the  organization  of  township  school  districts  in  the  upper 

peninsula. 

[Act   176,   P.   A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 

(255)  §  4823.  SECTION  1.  Whenever  the  qualified  elec- 
tors  of  any  organized  township  in  the  upper  peninsula  desire 
to  become  organized  into  a  single  school  district,  they  may 


124 


STATE    OF   MICHIGAN. 


Clerk  to 

notify 

board. 


petition  the  township  board  to  proceed  as  hereinafter  pro- 
vided for  organizing  a  township  school  district.  Such  peti- 
tion shall  be  signed  by  a  majority  of  the  electors  of  the  town- 
ship qualified  to  vote  at  school  meetings  and  shall  be  filed  in 
the  office  of  the  township  clerk  at  least  fifteen  days  prior  to 
the  first  day  of  July.  Upon  the  receipt  and  filing  of  said 
petition,  the  township  clerk  shall  notify  the  members  of  the 
township  board  and  the  school  inspectors  of  the  township  to 
attend  a  special  meeting  to  be  held  not  more  than  five  days 
thereafter,  at  which  meeting  it  shall  be  the  duty  of  such 
township  board  to  compare  the  names  signed  to  the  petition 
with  the  names  appearing  on  the  list  of  registered  voters 
qualified  to  vote  at  school  meetings,  and  if  it  be  found  that  a 
majority  of  the  voters  so  qualified  to  vote  have  signed  the 
petition  that  the  organized  township  of  which  they  are  resi- 
dents be  organized  as  a  single  school  district,  the*  township 
board  shall  give  notice  by  posting  notices  thereof  in  five 
public  places  in  said  township,  that  on  the  second  Monday 
of  July  the  following  officers  will  be  elected  for  such  school 
district;  and  they  shall  make  and  file,  both  with  the  county 
clerk  and  with  the  county  commissioner  of  schools  of  the 
county  in  which  such  township  is  located,  a  certified  copy  of 
the  above  mentioned  petition,  together  with  their  finding  and 
doings  thereon;  and  when  the  district  officers  shall  have  been 
duly  elected  and  shall  have  filed  their  acceptance  with  the 
township  clerk,  such  township  shall  become  a  single  school 
district  which  shall  be  subject  to  all  the  general  laws  of  the 
state,  so  far  as  the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon 
graded  school  districts  by  the  laws  of  this  state,  all  the  gen- 
eral provisions  of  which  relating  to  common  or  primary 
(schools  shall  apply  and  be  enforced  in  said  district,  except 
such  as  shall  be  inconsistent  with  the  provisions  of  this  act : 
Provided,  That,  immediately  after  the  organization  of  the 
township  district,  the  board  of  education  may  divide  the 
township  into  such  number  of  sub-districts  as  they  may  deem 
necessary  for  the  accommodation  of  all  children  of  school 
age  therein,  designating  the  same  as  follows:  Sub-district 
number  one,  sub-district  number  two,  etc. 


When  town- 
ship to  be- 
come single 
district. 


Proviso, 
as  to  sub- 
districts. 


Am.   1903,   Act  154. 

This  act  is  constitutional. — Perrizo  v.  Kesler.  93  /  280 ;  Keweenaw  Ass'n 
v.  Sen.  Dist.,  98  /  441.  The  provision  authorizing  the  township  board  and 
school  inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of 
the  township  have  signed  the  petition,  is  sufficient. — Id.  As  to  filing  a  cer- 
tified copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools, 
instead  of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 


Board  of  edu- 
cation, how 
constituted. 


(256)  §  4824.  SEC.  2.  The  officers  of  said  district  shall 
consist  of  five  trustees,  who  shall  constitute  the  board  of  edu- 
cation of  said  district,  and  the  term  of  office  shall  be  three 
years.  On  the  second  Monday  of  July  following  the  action  of 
the  township  board,  as  stated  in  section  one  of  this  act,  the 
qualified  voters  of  the  township  shall  proceed  to  elect  from 


GENERAL  SCHOOL  LAWS.  125 

their  number,  by  ballot,  one  trustee  for  the  term  of  one  year, 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  of  office  shall  expire.  The 
term  for  which  the  person  voted  for  is  intended  shall  be 
designated  on  the  ballot.  The  qualifications  of  voters  and  the 
conditions  of  eligibility  for  office  holding  shall  be  the  same  as 
provided  in  the  general  school  laws.  At  the  first  election 
held  in  said  district,  the  township  board  shall  act  as  a  board 
of  election,  and  they  shall  canvass  the  votes  in  the  same  man- 
ner as  votes  for  elective  township  officers  are  canvassed.  At 
succeeding  elections  the  qualified  voters  present  shall  desig- 
nate three  qualified  voters  to  act  as  a  board  of  election  and 
board  of  canvassers,  who  shall  respectively  take  and  sub- 
scribe the  constitutional  oath  of  office,  which  oath  any  mem- 
ber of  the  board  of  trustees  may  administer.  In  the  election 
of  trustees  the  person  or  persons  receiving  a  majority  of  all 
the  votes  cast  shall  be  declared  elected,  and  he  or  they  shall 
hold  office  until  his  or  their  successor  or  successors  shall  have 
been  duly  elected  and  filed  his  or  their  acceptance.  The 
annual  meeting  of  said  district  shall  occur  on  the  second  when  tiid 
Monday  of  July  in  each  year,  at  the  usual  place  of  holding 
the  annual  township  meeting,  and  it  shall  be  the  duty  of  the 
secretary  to  give  notice  of  all  annual  meetings  and  of  any 
special  meeting  of  said  district  by  posting  a  written  or 
printed  notice  thereof  in  at  least  five  conspicuous  places  in 
said  township  at  least  five  days  prior  to  said  meeting.  At  the 
first  school  meeting  and  all  succeeding  annual  meetings  the 
polls  shall  open  at  three  o'clock  p.  m.  and  be  kept  open 
four  hours,  during  the  last  hour  of  which  time  the  voters 
vshall  transact  such  business  as  may  lawfully  ceme  before 
them,  according  to  the  provisions  of  section  nine  of  this  act. 
In  all  townships  organized  prior  to  April  first,  nineteen  hun- 
dred  three,  under  the  provisions  of  act  number  one  hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-one, 
the  first  election  of  trustees  under  this  act  shall  be  held  on 
the  second  Monday  of  July,  nineteen  hundred  three,  in  the 
manner  provided  in  this  section  for  the  election  in  a  town- 
ship newly  organized  as  a  single  school  district;  and  im- 
mediately thereafter  the  records,  property  and  documents  be- 
longing to  said  district  shall  be  turned  over  to  the  newly 
elected  board  of  education :  Provided,  That  the  district  Proviso, 
officers  elected  at  the  annual  election  in  April,  nineteen  hun- 
dred three,  under  the  provisions  of  act  number  one  hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-one, 
shall  act  as  the  board  of  education  until  the  trustees  elected 
on  the  said  second  Monday  in  July,  nineteen  hundred  three, 
shall  have  filed  their  acceptances  and  become  duly  qualified. 

Am.  Id. 

Perrizo  v.  Kesler,  93  /  283. 


126 


STATE    OF    MICHIGAN. 


Officers,  how 
notified  of 
election. 


Proviso. 


Board  of 
education, 
how 
organized. 


Duties  of 
president. 

Secretary. 


Treasurer. 


(257)  §  4825.     SEC.  3.     Within  five  days  after  the  first 
election  under  this  act,  the  township  clerk  shall  notify,  in 
writing,  the  persons   elected  trustees  of  their  election,   and 
within  five  days  thereafter  said  trustees  so  elected  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this  state,    before    any    officer    authorized    to    administer 
oaths,  and  file  the  same  with  the  township  clerk:     Provided, 
That  after  the  district  shall  have  been  organized  under  the 
provisions  of  this  act,  the  members  of  the  board  of  education 
shall  file  their  acceptances  with  the  secretary  of  the  board. 

Am.  Id. 

(258)  §  4826.    SEC.  4.    The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following  the 
first  election  under  this  act  and  elect  from  their  number  a 
president,  a  secretary,  and  a  treasurer,  who  shall  severally 
serve  in  such  capacity  during  his  term  of  office  and  until  his 
successor  shall  have  been    duly    elected    and    duly    qualified. 
The  president  shall  preside    at    all    meetings  of  the  district, 
and  of  the  board,  and  perform  such  other  duties  as  are  re- 
quired of  the  moderator  in  a  primary  school  district.   The  sec- 
retary shall  faithfully  record  all  proceedings  of  annual  and 
special  meetings  of  the  district  and  of  all  meetings    of   the 
board,  receive  and  file  all  records,  papers,  and  other  docu- 
ments belonging  to  the  district,  and  perform  such  other  duties 
as  are  required  of  the  director  in  primary  school  districts.   It 
shall  be  the  duty  of  the  treasurer  in  each  district  to  execute 
and  file  with  the  secretary,  within  ten  days  after  his  election 
or  appointment,  a  bond  in  the  full  amount  of  money  to  come 
into  his  hands  as  such  treasurer  during  his  term  of  office, 
as  near  as  the  same  can  be  ascertained,  with  two  sufficient 
sureties  who  shall  be  residents  of  the  same  county,  or  shall 
furnish  a  similar  bond  of  some  surety  company  authorized 
to  do  business  in  this  state,  to  be  approved  by  the  president 
and  secretary  of  the  board,  conditioned  for  the  faithful  per- 
formance of  his  duties  under  this  act,  and  honestly  account- 
ing for  all  moneys  coming  into  his  hands  belonging  to  said 
district.    It  shall  be  the  duty  of  the  treasurer  of  said  board 
to   apply   for  and  receive  from  the  township  treasurer,   or 
other  officer  holding  the  same,  on  the  presentation  of  a  war- 
rant signed   by   the   president   and   secretary   of  the   school 
board,  all  moneys  appropriated  or  apportioned  for  primary 
schools  and  for  district  library  of  said  district.     The  said 
treasurer  shall  have  the  keeping  of  all  school  and  library 
moneys,  and  shall  not  pay  out  the  same  without  the  author- 
ity of  the  board,  upon  warrants  or  orders  drawn  upon  him 
and  signed  by  the  secretary  and  countersigned  by  the  presi- 
dent; and  he  shall  perform  such  other  duties  as  are  required 
of  the  treasurer  in  primary  school  districts. 

Am.  Id. 


GENERAL    SCHOOL   LAWS.  127 

(259)      §  4827.     SEC.  5.     Said    board    of    education    shall  vacancies. 
have  power  to  fill  all  vacancies  that  may  occur  in  the  office 
of  trustee  until  the  next  annual  election,  and  such  trustee 
shall  file  with  the  secretary  of  said  board  his  oath  of  office 
within  five  days  after  such  appointment  by  the  board. 

Am.  Id. 


(260)  §  4828.     SEC.  6.     A  majority  of  the    members    of 
said  board  shall  constitute  a  quorum,  and  the  regular  meet- 
ings of  said  board  shall  be  held  on  the  fourth  Monday  of 
•March,  June,  September,  and  December  in  each  year,  and  no 
notice  of  such  meeting  shall  be  required,  and  any  two  mem 
bers  of  said  board  shall  be  sufficient  to  adjourn  any  meeting 
from  time  to  time  until  a  quorum  is  present.     Special  meet- 
ings of  said  board  may  be  called  at  any  time  on  the  request 
of  the  president,  or  any  two  members  thereof,  in  writing,  de- 
livered to  the  secretary;  and  the  secretary,  upon  receiving 
such  request,  shall  at  once  notify  each  member  of  said  board 
of  the  time  of  holding  such  meeting,  which  shall  be  at  least 
two  days  subsequent  to  the  time  of  receiving  such  request  by 

said  secretary:  Provided,  That  in  case  all  the  members  shall  Proviso. 
sign  a  waiver  of  notice  on  the  minute  book  of  the  secretary 
no  notice  shall  be  necessary.  All  records  and  papers  of  said 
district  shall  be  kept  in  the  custody  of  said  secretary  and 
shall  be  open  to  the  inspection  of  any  qualified  voter  of  said 
district. 

Am.  Id. 

Schafer  v.   Sch.   Dist,   116/206. 

(261)  §  4829.    SEC.  7.    The  said  board  shall  be  the  board 

of  school  inspectors  for  said  district  and  shall,  as  such,  re-  inspectors. 
port  to  the  clerk  of  the  county  in  which  such  township  is 
located  and  shall  have  all  the  powers  and  perform  all  the 
duties  now  enjoyed  and  performed  by  boards  of  school  in- 
spectors; and  the  secretary  of  said  board  shall  perform  all 
the  duties  required  by  law  of  the  chairman  of  the  board  of 
school  inspectors  ;  and  the  board  of  school  inspectors  for  such 
township  is  hereby  abolished,  except  as  its  powers  are  vested 
in  said  board  of  education. 

Am.  Id. 

(262)  §  4830.     SEC.  8.     The  board  of  education  of  said  Powers  and 
district  shall  have  power  and  authority  to  designate  and  pur- 

chase schoolhouse  sites,  erect  buildings  and  furnish  the  same, 
employ  legally  qualified  teachers,  provide  books  for  district 
library,  make  by-laws  relative  to  taking  the  census  of  all 
children  in  said  district  between  the  ages  of  five  and  twenty 
years,  and  to  make  all  necessary  reports  and  transmit  the 
same  to  the  proper  officers  as  designated  by  law,  so  that  the 
district  may  be  entitled  to  its  proportion  of  the  primary 


128 


STATE    OF    MICHIGAN. 


school  interest  fund;  and  said  board  shall  have  authority  to 
make  all  needful  regulations  and  by-laws  relative  to  the 
visitation  of  schools;  relative  to  the  length  of  time  school 
shall  be  kept,  which  shall  not  be  less  than  five  months  in 
each  year;  relative  to  the  employment  of  teachers  duly  and 
legally  qualified ;  relative  to  the  regulation  of  schools  and  the 
books  to  be  used  therein;  and  generally,  to  do  all  things 
needful  and  desirable  for  the  maintenance,  prosperity,  and 
success  of  the  schools  of  said  district,  and  the  promotion  of 
a  thorough  education  of  the  children  thereof.  When  in  any 
contiguous  territory  of  said  township  district  there  are  ten 
or  more  children  of  school  age,  living  not  less  than  three 
miles,  nor  more  than  eight  miles,  from  any  schoolhouse  in 
said  district,  the  board  of  education  shall,  upon  the  petition 
of  a  majority  of  the  parents  or  legal  guardians  of  said  chil- 
dren, provide  school  advantages  for  such  children,  either  by 
establishing  a  sub-district,  or  by  providing  transportation  to 
some  school  already  established  within  the  township. 

Am.  Id. 

Perrizo  v.  Kesler,  93  /  283. 


Electors  to 
determine 
amount  to 
be  raised. 

Proviso  as 
to  neglect. 


Proviso  as 
to  amount. 


Taxes  to 
be  set  forth 
in  roll. 


(263)  §  4831.     SEC.  9.     At  each  annual  school  meeting 
held  in  said  township,  the  qualified  voters  present  shall  deter- 
mine the  amount  of  money  to  be  raised  by  tax  for  all  school 
purposes  for  the  ensuing  year:     Provided,  That  in  case  the 
voters  at  any  annual  school  meeting  shall  neglect  or  refuse 
to  determine  the  amount  to  be  raised  as  aforesaid,  then  the 
board  of  education  shall  determine  the  same  at  the  first  reg- 
ular meeting  thereof,  which  amount  the  secretary  shall,  with- 
in  thirty  days   thereafter,    certify  to  the  supervisor  of  the 
township,  who  shall  spread  the  same  upon  the  regular  tax 
roll  of  said  township,  and  the  same  shall  be  levied,  collected 
and  returned  in  the  same  manner  as  other  township  taxes: 
Provided,  That  for  purchasing  school  lots  and  for  erecting 
school  houses  no  greater  sum  than  three  mills  on  the  dollar 
of  all  the  taxable  valuation  of  the  real  and  personal  prop- 
erty in  said  township  shall  be  levied  in  any  one  year. 

"Am.  Id. 

Auditor   General   v.   Duluth,    South    Shore,    etc.,    116/122;   Auditor   General 
v.   Sparrow,   116/576. 

(264)  §  4832.     SEC.  10.     All  taxes  assessed  within  said 
township  for  school  purposes  shall  be  set  forth  in  the  assess- 
ment roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

Am.  Id. 


Treasurer 
to  report 
to  board. 


(265)  §  4833.  SEC.  11.  The  treasurer  of  the  township 
shall,  at  any  time,  at  the  written  request  of  said  board  of 
education,  report  to  said  board  the  amount  of  school  money 
in  his  hands,  and  shall,  on  the  order  of  the  secretary  of  said 


GENERAL  SCHOOL  LAWS.  129 

board  of  education,  countersigned  by  the  president,  pay  to 
the  treasurer  of  said  board,  all  or  any  of  such  money. 

Am.  Id. 

(266)  §  4834.     SEC.  12.    The  said  board  shall  annually.  Board  to 
prior  to  the  second  Monday  of  July  in  each  year,  make  a  Satonent?*1 
detailed  statement  of  the  number  of  schools  in  said  district, 

the  number  of  teachers  employed,  the  number  of  pupils  in- 
structed therein  during  the  preceding  year,  the  expenditures 
of  said  board  for  all  purposes,  the  resources  and  liabilities  of 
said  district,  and  also  an  estimate  of  the  necessary  expenses 
for  the  ensuing  year  exclusive  of  the  income  from  the  pri- 
mary school  interest  fund  and  one  mill  tax,  which  report  or 
statement  shall  be  entered  at  length  in  the  record  of  said 
board  and  shall  be  publicly  read  by  the  president  of  said 
board,  or  in  his  absence  by  the  secretary  thereof,  to  the 
voters  of  said  township,  at  their  annual  meeting  on  the  second 
Monday  of  July. 

Am.  Id. 

(267)  §  4835.     SEC.  13.     All  school    property,    both    real  Disposition 
and   personal,  within  the  limits  of  a  township  incorporated  property, 
as  aforesaid,  shall,  by  force  of  this  act,  become  the  property 

of  the  public  schools  of  such  township,  and  all  debts  and 
liabilities  of  the  primary  school  districts  of  said  township, 
as  they  existed  prior  to  its  incorporation  under  the  provi- 
sions of  this  act,  shall  become  the  debts  and  liabilities  of 
said  public  schools  of  the  township  so  incorporated. 

Am.  Id. 

While  the  injustice  and  inequality  of  this  section  may  well  be  admitted  In 

certain  cases,  yet  there  is  no  constitutional  objection  to  it. — Perrizo  v.  Kes- 
ler,  93/283-4. 

(268)  §  4836.     SEC.  14.    All  money  raised  or  being  raised 

by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said  tax. 
township,  as  organized  under  the  primary  school  laws  of  this 
state  shall  hereby  become  the  money  of  the  public  schools  of 
the  township,  and  no  tax  heretofore  ordered  assessed  or 
levied  for  school  purposes  in  said  township,  or  other  proceed- 
ings, shall  be  invalidated  or  affected  by  means  of  this  act. 

Am.  Id. 

(269)  §  4837.     SEC.  15.     The  compensation  of    the   mem-  compensation 
bers  of  the  board  of  education  other  than  the  secretary  and  of 
treasurer  shall  be  two  dollars  for  attendance  at  each  regular 
meeting  of  the  board.    The  secretary  and  treasurer  of  said 

board  shall  receive  such  compensation  for  their  services  as 
the  board  of  education  may  determine,  not  exceeding  one 
hundred  dollars  for  the  treasurer  and  one  hundred  twenty- 
five  dollars  for  the  secretary,  per  annum. 

Am.  Id. 

17 


130 


STATE    OF    MICHIGAN. 


In  case  of 
division  of 
township. 


Alteration, 
etc. 


(270)  §  4838.  SEC.  16.  When  any  township  district 
shall  be  divided  into  two  or  more  townships,  the  existing 
board  of  trustees  shall  continue  to  act  for  all  the  townships 
until  the  same  shall  have  been  organized  and  the  township 
boards  of  trustees  duly  elected  and  qualified  therein.  Imme- 
diately after  such  organization  the  township  boards  of  educa- 
tion of  each  of  the  townships  shall  meet  in  joint  session  and 
direct  an  appraisal  of  all  the  school  property  of  the  former 
township  to  be  made.  When  such  appraisal  has  been  made, 
said  township  boards  of  education  shall  make  an  equitable 
division  of  'the  existing  assets  and  liabilities  of  the  school 
districts  of  such  former  township,  basing  their  apportion- 
ment upon  the  amount  of  taxable  property  in  the  township 
divided,  as  shown  by  the  last  assessment  roll  of  such  former 
township.  When  a  township  district  shall  be  altered  in  its 
limits  by  annexing  a  portion  of  its  territory  to  another  town- 
ghip  or  townships,  the  township  boards  of  education  of  each 
of  the  townships  shall,  immediately  after  such  alteration, 
meet  in  joint  session  and  make  an  equitable  division  of  the 
assets  and  liabilities  of  the  school  districts  of  the. township 
from  which  the  territory  has  been  detached,  basing  their 
division  upon  the  amount  of  taxable  property  as  the  same 
shall  appear  upon  the  last  assessment  roll  of  such  township. 

Am.  Id. 

Section  17,  added  1909,  Act  7,  repealed  all  contravening  acts. 
Sections  17  and  18  of  this  act  as  added  by  Act  154  of  1903  were  repealed 
by  Act  7  of  1909. 


Boundaries, 
how  estab- 
lished, etc. 


Board  of 
trustees, 
duty  of. 


BOUNDARIES  OF  SCHOOL  DISTRICTS  IN  CITIES. 

An  Act  in  relation  to  the  boundaries  of  school  districts,  in  cities, 
and  the  boundaries  of  school  districts  which  have  been  fixed  by 
legislative  act. 

[Act   86,    P.    A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(271)  SECTION  1.  Whenever  a  change  in,  or  the  estab- 
lishment of,  the  boundaries  of  a  school  district  of  any  city  is 
desired  or  becomes  necessary,  such  change  or  establishment 
may  be  made  by  the  joint  action  of  the  board  of  education  of 
such  district  or  the  board  of  trustees  of  such  city  and  the 
township  board  of  the  township  in  which  the  territory  may 
be  located,  or  the  township  boards  if  the  territory  affected 
is  located  in  more  than  one  township,  adjoining  such  dis- 
trict. Whenever  any  change  is  contemplated  in  regard  to  the 
boundaries  of  the  school  district,  and  a  majority  of  the 
members  of  the  board  of  education  or  board  of  trustees  shall 


GENERAL    SCHOOL   LAWS.  131 

vote  in  favor  thereof,  it  shall  be  the  duty  of  said  board  to 
elect  four  of  its  members  as  a  committee  to  meet  with  the 
proper  township  board  in  the  joint  meeting  herein  author- 
ized, and  the  secretary  of  the  board  of  education  or  board  of 
trustees   shall  notify  the  township  board  or  boards  of  the 
township  or  townships  in  which  the  territory  intended  to  be 
attached  to  or  detached  from  the  school  district  is  located, 
that  a  joint  meeting  of  such  township  board  or  boards  will  f^^^f*'  { 
be  held  with  the  committee  of  the  board  of  education  or  board  " 
of  trustees  of  the  city  at  a  place,  on  a  date  and  at  an  hour 
named  in  said  notice,  but  not  within  ten  days  of  the  date  of 
such    notice.     The    secretary  of  the  board  of  education  or  H°w  made, 
board  of  trustees  shall  notify  the  township  board  or  boards, 
through  the  township  clerk  of  such  township  or  townships, 
and  he  shall  also  notify  the  committee  representing  the  mem- 
bers of  the  board  of  education  of  the  city  of  the  time  and 
place  of  such  meeting.    It  shall  be  the  duty  of  each  member 
of  each  board  or  committee  to  attend  such  meeting.    When  Chairman 
the  joint  boards  and  committee  have  assembled  they  shall  Section  oi. 
elect  from  their  number  a  chairman  and  a  clerk  and  shall 
proceed  to   consider  the  changes  contemplated  and  it  shall 
require  a  majority  of  all  the  members  elect    of    the    joint 
boards  for   affirmative    action.     The   provisions   of   this    act 
shall  apply  to  all  school  districts,  the  boundaries  of  which 
have  been   fixed   by  legislative  act,  and  to   school  districts 
governed  by  the  fourth   class  city  act.      When    said    joint  JgggfcOM  of 
boards  have  made  alterations  in  the  boundaries  of  the  school 
district,  they  shall  prepare    a    map    showing    in    detail    the 
boundaries  of  the  original  school  district  and  the  boundaries 
of  the  territory  annexed  or  detached,  and  a  copy  of  such  map  Filing  of. 
shall  be  kept  on  file  in  the  office  of  the  secretary  of  the  board 
of  education  or  board  of  trustees,  and  in  the  office  of  the 
township  clerk  or  clerks   of  the  township  or  townships  in 
which  the  territory  may  be  located. 

(272)  SEC.  2.     Any  persons  residing  on  territory  adjoin-  May  peti- 
ing  any  city  district,  or  in  any  school  district  the  boundaries  tl( 

of  which  have  been  fixed  by  legislative  act,  who  desire  to  have 
their  property  attached  to  or  detached  from  such  school 
district,  may  petition  the  board  of  education  or  the  board 
of  trustees  thereof  to  have  such  territory  annexed  or  de- 
tached, as  the  case  may  be,  and  when  such,  petition  has  been 
received  the  secretary  of  the  board  of  education  or  the  board 
of  trustees  shall  proceed  as  hereinbefore  stated  and  call 
a  meeting  of  the  board  of  education  or  board  of  trustees, 
and  the  township  board,  to  take  action  on  such  petition. 

(273)  SEC.  3.     When  any  territory  shall  be  attached  to  School  . 
or   detached   from   the   school   district  of  any   city,   or   any  ^Visions 
school  district  the  boundaries  of  which  have  been  fixed  by  governing. 
legislative  act,  in  pursuance  of  the  provisions  of  this  act,  it 

shall  in  all  things  relative  to  school  matters  be  governed  by 


132 


STATE    OF    MICHIGAN. 


the  provisions  of  the  law  in  force  and  governing  such  district 
at  the  time  the  change  of  boundaries  is  made. 

certificate.  (274)     SEC.  4.     The    board    of   education  or  the  board  of 

trustees  of  any  district  which  by  reason  of  the  provisions  of 
this  act  is  extended  beyond  the  limits  of  any  single  munici- 
pality, shall,  within  the  time  provided  by  law,  for  certifying 
taxes  by  township  clerks,  certify  to  the  board  of  supervisors 
all  amounts  to  be  raised  therein  for  school  purposes.  The 
board  of  supervisors  shall,  in  accordance  with  law,  apportion 
such  school  taxes  to  the  several  municipalities  possessing  ter- 
ritory in  such  district  in  proportion  to  the  assessed  valua- 
tion of  each  municipality  within  such  district,  and  shall 
certify  the  same  to  the  proper  officer  thereof. 


Taxes, 
apportion- 
ment of. 


TEACHERS'  INSTITUTES. 

An  Act  to  provide  for  the  better  support  of  teachers'  institutes,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine, 
three  thousand  seven  hundred  and  ninety,  and  three  thousand  seven 
hundred  and  ninety-one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 


Boards  to 
collect  fees 
from  appli- 
cants for 
certificates. 


When  to  be 
collected  by 
director,  etc. 
of  school 
board. 


Receipt. 


Disposition 
of  fees. 


[Act   53,   P.    A.    1877.] 

The  People  of  the  State  of  M whig  an  enact: 

(275)  §  4839.     SECTION  1.     That    all    boards    or    officers, 
authorized  by  law  to  examine  applicants  for  certificates  of 
qualification  as  teachers,  shall  collect,  at  the  time  of  examina- 
tion, from  each  male  applicant  for  a  certificate,  an  annual  fee 
of  one  dollar,  and  from  each  female  applicant  for  a  certifi- 
cate, an  annual  fee  of  fifty  cents,  and  the  director  and  secre- 
tary of  any  school  board  that  shall  employ  any  teacher  who 
has  not  paid  the  fee  hereinbefore  provided,  shall  collect,  at 
the  time  of  making  contract,  from  each  male  teacher  so  em- 
ployed, an  annual  fee  of  one  dollar,  and  from  each  female 
teacher  so  employed,  an  annual  fee  of  fifty  cents.     All  per- 
sons paying  a  fee  as  required  by  this  section,  shall  be  given  a 
receipt  for  the  same,  and  no  person  shall  be  required  to  pay 
said  fee  more  than  once  in  any  school  year. 

ACT  VALID :  This  act  does  not  conflict  with  Const.,  Art.  X,  section  1, 
on  the  ground  that  the  fees  are  specific  taxes ;  nor  on  the  ground  that  the 
fees  are  uot  uniform.  This  section  is  not  defective,  incomplete,  ineffectual 
and  is  valid. — Hammond  v.  School  Board,  109/676. 

(276)  §  4840.     SEC.  2.     All    such    fees,  collected  by  the 
director  or  secretary  of  any  school  board,  shall  be  paid  over 
to  the  secretary  of  the  county  board  of  school  examiners  of 
the  county  in  which  they  were  collected,  on  or  before  the 
fifteenth  day  of  March,  June,  September  and  December,  ac- 


GENERAL    SCHOOL   LAWS.  133 

companied  by  a  list  of  those  persons  from  whom  they  were 
collected,  and  all  of  such  fees,  together  with  all  those  that 
shall  be  collected  by  the  county  board  of  school  examiners, 
shall  be  paid  over  by  the  secretary  of  said  board  of  school 
examiners  to  the  treasurer  of  the  county  in  which  they  were 
collected,  on  or  before  the  last  day  of  March,  June,  September 
and  December,  in  each  year,  accompanied  by  a  complete  list 
of  all  persons  from  whom  said  fees  were  collected,  and  a  like 
list,  accompanied  by  a  statement  from  the  county  treasurer 
that  said  fees  have  been  paid  to  him,  shall  be  sent  by  said 
secretary  to  the  superintendent  of  public  instruction.  All 
moneys  paid  over  to  the  county  treasurer,  as  provided  by 
this  act,  shall  be  set  apart  as  a  teacher's  institute  fund,  to 
be  used  as  hereinafter  provided. 

(277)  §  4841.     SEC.  3.     The  superintendent  of  public  in-  Annual 
struction  shall  annually  appoint  a  time  and  place  in  each  or-  fnst?tute. 
ganized  county  for  holding  a  teachers'  institute,  make  suit- 
able   arrangements    therefor,    and    give  due  notice  thereof: 
Provided,  That  in  organized  counties  having  less  than  one  Proviso, 
thousand  children  between  the  ages  of  five  and  twenty  years,  withlsuper-na 
the  holding  of  such  institute  shall  be  optional  with  the  said  intendent- 
superintendent,   unless   requested  to   hold  such  institute  by 

fifteen  teachers  of  the  county  in  which  such  institute  is  to  be 
held :     Provided,  however,  That  if  there  shall  not  be  a  suflfi-  Proviso, 
cient  number  of  teachers  in  any  county  to  make  such  request, 
then  teachers  of  adjoining  counties  who  desire  to  attend  such 
institute  may  unite  in  the  required  application  to  said  super- 
intendent :     Provided,    also,    That    the    said  superintendent  Proviso, 
may,  in  his  discretion,  hold  an  institute  for  the  benefit  of  two 
or  more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  counties  thus  benefited,  as  hereinafter  provided. 

(278)  §  4842.     SEC.  4.     The  superintendent  of  public  in- in  case  of 
struction,  in  case  of  inability  personally  to  conduct  any  insti-  superir?  ° 
tute,  or  to  make  the  necessary  arrangements  for  holding  the  tendent- 
same,  is  hereby  authorized  to  appoint  some  suitable  person 

for  that  purpose,  who  shall  be  subject  to  the  direction  of  said 
superintendent.     Every  teacher  attending  any  institute  held  ^endarufe8  °f 
in  accordance  with  the  provisions  of  this  act,  shall  be  given 
by  the  superintendent  of  public  instruction,  or  by  the  duly 
appointed  conductor,  a  certificate  setting  forth  at  what  ses- 
sions of  said  institute  such  teacher  shall  have  been  in  attend-  Teachers  at- 
ance,  and  any  teacher  who  shall  have  closed  his  or  her  school,  toVrflit10 
in  order  to  attend  said  institute,  shall  not  forfeit  his  or  her  wages> 
wages  as  teacher,  during  such  time  as  he  or  she  shall  have 
been  in  attendance  at  said  institute,  and  the  certificate  here- 
inbefore provided  shall  be  evidence  of  such  attendance. 

(279)  §  4843.     SEC.  5.    For  the  purpose  of  defraying  the  gg^| of 
expenses  of  rooms,  fires,  lights,  or  other  necessary  charges,  how  paid. 
and  for  procuring  teachers  and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 


134 


STATE    OF    MICHIGAN. 


May  draw 
on  state 
treasurer. 


institute,  may  demand  of  the  county  clerk  of  each,  county  for 
the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 
draw  an  order  on  the  county  treasurer  of  his  county  for  such 
sum,  not  exceeding  the  amount  of  the  institute  fund  in  the 
county  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute;  and  the  treasurer  of  said  county  is  hereby 
required  to  pay  over  to  said  superintendent  or  duly  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order. 

(280)  §  4844.     SEC.  6.    In  case  the  institute  fund  in  any 
county  shall  be  insufficient  to  defray  the  necessary  expenses 
of  any  institute  held  under   the   provisions   of  this  act,   the 
auditor  general  shall,  upon  the  certificate    of    the    superin- 
tendent that  he  has  made  arrangements  for  holding  such  in- 
stitute and  that  the  county  institute  fund  is  insufficient  to 
meet  the  expenses  thereof,  draw  his  warrant  upon  the  state 
treasurer  for  such  additional  sum  as    said    superintendent 
shall    deem   necessary   for   conducting   such  institute,  which 
sum  shall  not  exceed  one  hundred  dollars  for  each  institute, 
and  shall  be  paid  out  of  the  general  fund. 

Am.  1899,  Act  64. 

(281)  §  4845.     SEC.  7.     The  superintendent  is  authorized 
to  hold  once  in  each  year,  an  institute  for  the  state  at  large, 
to  be  denominated  a  state  institute,  and  for  the  purpose  of 
defraying  the  necessary  expenses  of  such  institute,  the  audi- 
tor  general    shall   on    the   certificate  of  said  superintendent 
that  he  has  made  arrangements  for  holding  such  institute, 
draw  his  warrant  upon  the  state  treasurer  for  such  sum  as 
said  superintendent  shall  deem  necessary  for  conducting  such 
institute,  which  sum  shall  not  exceed  four  hundred  dollars 
and  shall  be  paid  out  of  the  general  fund:     Provided,  That 
not  more  than  three  thousand  dollars  shall  be  drawn  from 
the  treasury  or  any  greater  liability  incurred  in  any  one  year 
to  meet  the  provisions  of  this  act. 

Am.  Id. 

(282)  §  4846.     SEC.  8.     The  superintendent  of  public  in- 
struction, or  the  conductor  of  the  institute  by  him  appointed, 
drawing  money  from  the  county  treasurer,  under  section  five 
of  this  act,  shall,  at  the  close  of  each  institute,  furnish  to  the 
county  treasurer,  vouchers  for  all  payments  from  the  same  in 
accordance  with  this  act,  and  he  shall  return  to  the  county 
treasurer  whatever  of  the  amount  that    may    remain    unex- 
pended, to  be  replaced  in  the  institute  fund. 


Yearly 

state 

institute. 


Proviso. 


Vouchers  for 
payments. 


GENERAL,    SCHOOL   LAWS.  135 


BUREAU  OF  INFORMATION. 

An  Act  to  provide  for  the  establishment  in  the  office  of  the  superin- 
tendent of  public  instruction  of  a  bureau  of  information  for  the 
benefit  of  school  officers,  superintendents  and  teachers. 

[Act   251,    P.    A.    1907.] 

The  People  of  the  State  of  Michigan  enact: 

(283)  SECTION  1.     The  superintendent  of  public  instruc- 
tion  shall  establish  and  maintain  in  his  office  a  bureau  of  in- 
formation   wherein   teachers   desiring  employment  may   reg- mg  of* 
ister  and  file  such  papers  as  to  their  qualifications  as  they 
may  deem  fit,  and  wherein  school  officers  and  superintend- 
ents may  register  vacancies  in  their  respective  schools.    Each 
teacher  so  registering  shall  pay  a  fee  of  one  dollar  to  the 
superintendent  of    public    instruction,    which    fees    shall    be 
deposited  with  the  state  treasurer,  and  by  him  placed  to  the 
credit  of  the  general  fund. 

(284)  SEC.  2.     Such  information  as  is  contained  in  said  informa- 
bureau  shall  be  given  without  charge  to  all  school  officers,    ' 
superintendents  and  teachers    who    may    ask    therefor,    but 
neither  the  superintendent  of  public  instruction  nor  any  one 
employed  in  his  office  shall  be  required  to  recommend  any 
teachers  for  positions. 


COMPULSORY  EDUCATION. 

An  Act  to  provide  for  the  compulsory  education  of  children,  for  pen- 
alties for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions  of  the 
same. 

[Act  200,   P.   A.    1905.] 

The  People  of  the  State  of  Michigan  enact: 

(285)     SECTION  1.     Every    parent,  guardian  or  other  per- children  of 
son  in  the  state  of  Michigan,  having  control  and  charge  of  Jjjjjjyfjf 
any  child  between  the  ages  of  seven  and  sixteen  years,  shall  attend  school. 
be  required  to  send  such  child  to  the  public  schools  during 
the    entire    school    year,    and  such  attendance  shall  be  con- 
tinuous and  consecutive  for  the  school    year    fixed    by    the 
district    in    which    such    parent,    guardian   or    other   person 
in  parental  relation  may  reside :     Provided,  That  in  the  fol-  Proviso, 
lowing  cases  children  shall  not    be    required    to    attend  the 
public  schools: 

(a)     Any  child  who  is  being  taught  in  a  private  or  paro-  Exceptions, 
chial  school  such  branches  as  are  usually  taught  in  the  pub- 
lic schools  to  children  of  corresponding  age,  or  who,  upon  the 


136 


STATE    OP    MICHIGAN. 


completion  of  the  work  in  such  schools,  shall  present  satis- 
factory evidence  to  the  county  commissioner  of  schools,  and 
in  appropriate  cases,  to  the  superintendent  of  schools,  that 
he  has  completed  sufficient  work  to  entitle  him  to  an  eighth 
grade  diploma; 

(b)  Any  child  who  has  received  an  eighth  grade  diploma 
from  the  public  schools; 

(c)  Any  child  who  is  physically  unable  to  attend  school. 
If  the  truant  officer  is  notified  of  the  non-attendance  of  any 
child  at  school,  and  he  shall  find  the  one  in  parental  control 
claiming  that  such  child  is  physically  unable  to  attend  school, 
the  truant  officer  may  secure  a  written  statement  of  a  com- 
petent physician,    certifying   that    such   child    is    physically 
unable  to  attend  school; 

(d)  Children  over  fourteen  years  of  age  whose  services 
are  essential  to  the  support  of  their  parents  may  be  excused 
by  the  county  commissioner  of  schools  or  city  superintend- 
ent of  schools  from  attendance  at  school,  on  the  recommenda- 
tion of  the  board  of  education  of  the  district  in  which  such 
children  reside,  and  said  board  shall  certify   to    the   officers 
herein  mentioned  the  facts  in  all  such  cases; 

(e)  Children  under  nine  years  of  age,  whose  parents  do 
not   reside  within   two   and   one-half  miles,   by  the  nearest 
traveled    road,    of    some   public    school:     Provided,    That  if 
transportation  is  furnished  for  pupils  in  said  district,  this 
exemption  shall  not  apply; 

(f)  Any  child  twelve  to  fourteen  years  of  age  while  in 
attendance  at  confirmation  classes  conducted  for  a  period  of 
not  to  exceed  five  months  in  either  of  said  years:    Provided, 
however,  That  any  child  claiming  exemption  from  attending 
school   under   subdivisions    (a)    or    (b)    hereof,  shall  secure 
such  permit  as  may  be  required  under  the  statutes  of  Michigan 
covering  the  employment  of  minors,  and  shall  be  regularly 
employed  at  some  lawful  work  if  physically  able  to  do  so. 

Am.  1907,  Act  74;  1913,  Act  47. 

As  to  the  permit  contemplated  in  paragraph    (f),  see  section  306  infra. 

A  child  over  16  years  of  age  is  not  between  the  ages  of  7  and  16  years, 
and  as  to  construction  of  age  limit,  see  Jackson  v.  Mason,  145  /  338.  The 
board  of  supervisors  may  reimburse  a  deputy  sheriff  for  attorney's  fees  paid 
to  defend  himself  against  an  action  of  malicious  prosecution  for  arrest  on 
a  warrant  fair  on  its  face,  where  the  officer  acted  in  good  faith  and  was  held 
not  liable. — Messmore  v.  Kracht,  172  / 120.  Charge  held  insufficient  to  sus- 
tain conviction. — People  v.  Turja,  157/530. 

(286)  SEC.  2.  The  county  commissioner  of  schools  in 
each  county  shall  select  a  person  of  good  moral  character  to 
act  as  truant  officer  for  the  county.  The  person  so  selected 
shall  file  with  the  county  clerk  his  acceptance  and  oath  of 
office  and  a  bond  in  the  sum  of  one  thousand  dollars,  with 
two  sufficient  sureties  to  be  approved  by  the  county  clerk. 
The  person  so  selected  shall  be  known  as  the  county  truant 
officer,  and  he  shall  have  all  the  powers  of  a  deputy  sheriff, 
and  he  shall  perform  the  duties  of  truant  officer  in  all  school 
districts  of  the  county  when  directed  to  do  so  by  the  county 


Proviso. 


Proviso,  em- 
ployment 
permit. 


County 
truant  officer, 
bond,  etc. 


Powers. 


GENERAL    SCHOOL    LAWS.  137 

commissioner  of  schools,  except  as  hereinafter  provided: 
Provided,  That  in  cities  having  a  duly  organized  police  force 
it  shall  be  the  duty  of  the  police  authorities,  at  the  request  of  " 
the  board  of  education,  to  detail  one  or  more  members  of 
such  police  force  to  perform  the  duties  of  the  truant  officer 
in  such  city,  but  this  provision  shall  not  be  construed  as  pro- 
hibiting such  board  of  education  from  appointing  any  citizen 
not  a  police  officer  as  truant  officer :  Provided  further,  That 
in  graded  school  districts  the  board  of  education  shall  have 
authority  to  appoint  one  or  more  truant  officers  and  fix  the 
compensation  of  the  same,  said  compensation  to  be  paid  by 
the  district :  And  Provided  further,  That  in  all  townships  of  ^g0thgr  £ro~ 
the  upper  peninsula  organized  as  township  unit  districts,  the 
board  of  education  of  such  township  shall  have  authority  to 
appoint  one  or  more  truant  officers  for  said  township  and  fix 
the  compensation  for  such  service,  said  compensation  to  be 
paid  from  the  proper  funds  of  such  school  district.  For  all 
townships  of  the  upper  peninsula  not  organized  as  township 
unit  districts  the  county  truant  officer  appointed  as  herein 
prescribed  shall  act :  Provided,  That  if  in  any  graded  dis-  Proviso, 
trict  or  township  the  board  of  education  does  not  appoint  a 
truant  officer,  the  county  truant  officer  shall  act  in  such  dis- 
trict or  township.  The  truant  officers  herein  provided  for  in  Bonds, 
cities,  graded  school  districts  and  township  unit  districts 
shall  give  bonds  to  the  board  of  education  in  the  sum  of  five 
hundred  dollars,  said  bonds  to  be  approved  by  the  board  of 
education  and  filed  with  said  board,  and  such  officers  shall 
have,  within  their  jurisdiction  and  while  in  the  performance 
of  the  duties  of  truant  officer,  the  powers  of  the  deputy 
sheriff.  The  compensation  of  the  county  truant  officer  shall  poun*yffi 

*  ,    .      truant  officer, 

be  three  dollars  per  day  for  every  day  actually  engaged  in  compensation, 
the  discharge  of  his  duties,  and  actual  expenses,  and  all  bills 
for  such  service  shall  be  certified  by  the  county  commissioner 
of  schools.  In  cities,  when  the  board  of  education  appoints 
a  truant  officer  other  than  a  police  officer,  said  board  shall 
fix  the  compensation  for  such  truant  officer  and  pay  such 
officer  from  the  incidental  fund.  The  compensation  and  HOW  paid 
actual  expenses  of  the  county  truant  officer  shall  be  allowed 
and  paid  in  the  same  manner  as  the  compensation  of  other 
county  officers  is  allowed  and  paid  by  the  county;  and  when 
the  police  authorities  detail  one  or  more  members  of  the  force 
as  truant  officers,  they  shall  receive  such  compensation  and 
actual  expenses  for  such  service  as  the  board  of  aldermen  or 
police  commission  may  determine,  and  be  paid  from  the  same 
fund  as  the  police  authorities  are  usually  paid :  Provided,  Pr°viso. 
That  this  act  shall  not  be  so  construed  as  to  effect  any  exist- 
ing appointment. 

Am.   1907,   Act   74;   1911,   Act  255. 


138 


STATE    OF    MICHIGAN. 


School 
director, 
duty  of. 


Teacher, 
duty  of. 


Secretary  of 
board  of  edu- 
cation, duty 
of. 


Truant  officer, 
duty  of. 


Proviso. 


Penalty  for 
non-com- 
pliance. 


(287)  SEC.  3.  (a)  It  shall  be  the  duty  of  the  school 
director  of  all  school  districts,  except  in  city,  graded  and 
township  districts,  to  provide  the  teacher,  at  the  commence- 
ment of  the  school,  with  a  copy  of  the  last  school  census,  to- 
gether with  the  names  and  addresses  of  the  persons  in 
parental  relation,  also  address  of  the  county  commissioner  of 
schools.  The  teacher  shall,  at  the  opening  of  school  and  at 
such  other  times  as  may  be  necessary,  compare  said  census 
list  with  the  enrollment  of  the  school  and  report  to  the 
county  commissioner  of  schools  the  names  of  the  parents  or 
other  persons  in  parental  relation  whose  children  of  the  ages 
hereinbefore  mentioned  are  not  in  regular  attendance  at 
school,  also  the  names  of  parents  or  other  persons  in  parental 
relation  who  have  children  of  school  age  not  included  in  such 
census  and  who  do  not  attend  school ; 

(b)  In  all  city,  graded  and  township  districts,  the  secre- 
tary of  the  board  of  education  shall,  at  the  commencement  of 
school,  furnish  a  copy  of  the  last  school  census  to  the  super- 
intendent of  schools  in  such  city,  together  with  the  name  and 
address  of  the  truant  officer  under  whose  jurisdiction  they 
act,  and  it  shall  be  the  duty  of  said  superintendent  at  the 
opening  of  school  to  compare  said  census  list  with  the  enroll- 
ment of  the  school  or  schools,  and  from  time  to  time  as  it 
may   be  necessary  report  to  the  proper  truant    officer    the 
names  and  addresses  of  any  parents  or  other  persons  in  par- 
ental relation  whose  children  of  the  ages  hereinbefore  men- 
tioned are  not  in  regular  attendance  at  the  public  schools, 
also  names  of  parents  or  others  in  parental  relation  whose 
children  are  not  in  the  school  and  whose  names  are  not  in- 
cluded in  such  census; 

(c)  It  shall  be  the  duty  of  the  truant  officer  of  the  city  or 
district,  whenever  notified  by  the  teacher,  superintendent,  or 
other  person  or  persons  of  violations  of  this  act,  and  the 
county  truant  officer,  when  notified  by  the  commissioner  of 
schools,  to  investigate  all   such  cases    of    truancy    or    non- 
attendance  at  school,  and  if  the  children  complained  of  are 
not  exempt  from  the  provisions  of  this  act  under  the  condi- 
tions named  in  section  one,  then  he  shall  immediately  pro- 
ceed as  is  provided  in  section  four  of  this  act:     Provided, 
That  it  shall  be  the  duty  of  the  county  truant  officer  when  re- 
quested to  do  so  by  the  county  commissioner  of  schools  to  in- 
spect the  outhouses  in  primary  districts  and  order  repairs 
on  the  same,  and  in  case  the  district  board,  after  proper  noti- 
fication by  the  truant  officer,  fails  to  have  such  outhouses 
put  in  proper  and  sanitary  condition  it  shall  be  the  duty  of 
the  said  truant  officer  to  have  such  work  done  at  the  expense 
of  the  district; 

(d)  In  case  any  parent  or  other  person  in  parental  rela- 
tion shall  fail  to  comply  with  the  provisions  of  this  act,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on  con- 

•viction  thereof  be  fined  not  less  than  five  dollars  nor  more 


GENERAL    SCHOOL   LAWS.  139 

than  fifty  dollars,  or  imprisoned  in  the  county  or  city  jail 
for  not  less  than  two  nor  more  than  ninety  days,  or  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 

Am.  Id. 

(288)     SEC.  4.     (a)     It  shall  be  the  duty  of  the  county  Comm^oner 
commissioner  of  schools  to  furnish  the  truant  officer  of  the  duty  of. 
county,  at  the  opening  of  the  schools,  with  a  list  of  the  teach- 
ers and  superintendents  employed  in  his  county  in  school 
districts  other  than  in  such  city  graded  and  township  dis- 
tricts as  are  described  in  section  two  of  this  act; 

(b)  In  case  any  parent  or  other  person  in  parental  rela-  Notice  to 
tion  shall  fail  to  send  the  child  or  children  under  his  or  her  p< 
control  to  the  public  school,  the  truant  officer,  upon  having 
notice  from  proper    authority    of    such    fact,    shall  immedi- 
ately   and    within   twenty-four  hours  thereafter  give  formal 
written  notice  in  person  or  by  registered  mail,  to  the  parent 

or  other  person  in  parental  relation,  that  the  child  or  chil- 
dren under  his  or  her  control  shall  present  himself  or  them- 
selves at  the  public  school,  except  as  hereinbefore  provided, 
on  the  day  following  the  receipt  of   such    notice,    with    the 
necessary  text-books  for  instruction  in  the  proper  school  or 
schools  of  the  district  or  city.    Said  notice  shall  inform  the  Notice,  what 
parent  or  other  person  in  parental  relation  of  the  date  that to 
attendance  must  begin  and  that  such  attendance  at  school 
must  be  continuous  and  consecutive  during  the  remainder  of 
the  school  year  as  taught  in  the  district.    The  truant  officer  ^g^ 
shall,  at  the  same  time  the  said  formal  notice  is  given  to  the  superm- 
parent  or  person  in  parental  relation,  notify  the  teacher  or  te 
superintendent  or  commissioner  of  the  fact  of  notice,  and  it 
shall  be  the  duty  of  the  teacher  or  superintendent  or  commis- 
sioner to  notify  the  truant  officer  of  failure  on  the  part  of 
the  parent  or  other  person  in  parental  relation  to  comply 
with  said  notice; 

(c)  It  shall  be  the  duty  of  all  truant  officers,  after  having  -JJruwit 
given  the  formal  notice  hereinbefore  described,  to  determine  dutyof. 
whether  the  parent  or  other  person  in  parental  relation  has 
complied  with  the  notice,  and  in  case  of  failure  to  so  comply 

he  shall  immediately  and  within  three  days  after  having 
knowledge  or  being  notified  thereof,  make  a  complaint  Complaint, 
against  said  parent  or  other  person  in  parental  relation  hav- 
ing the  legal  charge  and  control  of  such  child  or  children, 
before  any  justice  of  the  peace  in  the  city,  village  or  town- 
ship where  such  party  resides,  or  in  an  adjoining  township 
or  city  in  such  county,  for  such  refusal  or  neglect  to  send 
such  child  or  children  to  school ;  and  said  justice  of  the  peace  warrant, 
shall  issue  a  warrant  upon  said  complaint  and  shall  proceed 
to  hear  and  determine  the  same  in  the  same  manner  as  is 
provided  by  statute  for  other  cases  under  his  jurisdiction, 
and  in  case  of  conviction  of  any  parent  or  other  person  in  Conviction. 


140 


STATE    OF    MICHIGAN. 


Proviso, 

recorder's 

court. 


Assistance 

rendered 

officer. 


parental  relation  for  violation  of  this  act,  said  parent  or  other 
person  in  parental  relation  shall  be  punished  according  to  the 
provisions  of  section  three  of  this  act:  Provided,  That  in 
cities  having  a  recorder's  court  and  justices  of  the  peace,  the 
truant  officer  shall  make  the  aforesaid  complaint  before  the 
magistrate  of  said  recorder's  court  or  before  a  justice  of  the 
peace,  and  said  magistrate  or  justice  shall  issue  a  warrant 
and  proceed  to  hear  and  determine  the  case  in  the  same  man- 
ner as  is  provided  in  the  statute  for  other  cases  under  his 
jurisdiction ; 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintend- 
ents, teachers  or  other  persons  to  render  such  assistance  and 
furnish  such  information  as  they  may  have  at  their  com- 
mand to  aid  such  truant  officer  in  the  performance  of  his 
official  duty. 

Am.  1907,  Act  74;  1909,  Act  63. 

(289)  SEC.  5.    In  any  graded  or  city  district  in  this  state, 
the  school  board  or  officers  having  in  charge  the  schools  of 
such  districts  may  establish  one  or  more  ungraded  school s 
for  the  instruction  of  certain  children    as    defined    and    set 
forth  in  the  following  section.    They  may,  through  the  truant 
officer  and  superintendent  of  schools,  require  such  children 
to  attend  said  ungraded  schools,  or  any  department  of  their 
graded  schools,  as  said  board  of  education  may  direct. 

(290)  SEC.  6.     The  following  classes  of  persons  between 
and  including  the  ages  of  seven  and  sixteen  years  residing  in 
graded  school  districts  or  cities  as  described  in  section  five  of 
this  act  shall  be  deemed  juvenile  disorderly  persons  and  shall, 
in  the  judgment  of  the  proper  school  authorities,  be  assigned 
to  the  ungraded  school  or  schools  as  provided  in  section  five 
of  this  act:    Class  one,  habitual  truants  from  any  school  in 
which  they  are  enrolled  as  pupils;  class  two,  children,  who, 
while  attending  any  school,  are  incorrigibly  turbulent,  dis- 
obedient or  insubordinate,  or    are   vicious   and    immoral    in 
conduct;   class   three,   children  who  are   not  attending  any 
school  and^who  habitually  frequent  streets  and  other  public 
places,  having  no  lawful  business,  employment  or  occupation. 

Sec.  7  repeals  Act  95  of  1895,  being  C.  L.  1897,  §  §  4847-4852. 

A  charge  that  respondent  was  a  disorderly  juvenile  offender,  in  that  she 
neglected  and  refused  to  go  to  school,  and  was  a  truant  and  is  an  unmanage- 
able child,  is  insufficient  to  sustain  a  conviction  (C.  L.  1897,  §  11765). — People 
v.  Turja,  157/530. 


School  boards 
may  establish 
ungraded 
schools. 


May  require 
attendance. 


Juvenile  dis- 
orderly per- 
sons, who 
deemed. 


o  the  deaf 


An  Act  to  provide  for  the  compulsory  education  of  deaf  children. 
[Act   48,    P.    A.    1907.] 

The  People  of  the  State  of  Michigan  enact: 

(291)  SECTION  1.  Every  parent,  guardian  or  other  per- 
son  in  the  state  of  Michigan  having  control  or  charge  of  any 
child  or  children  between  the  ages  of  seven  and  eighteen 


GENERAL    SCHOOL   LAWS.  141 

years,  and  who  by  reason  of  deafness  or  imperfect  hearing 
cannot  be  taught  successfully  in  the  public  schools,  shall  be 
required  to  send  such  child  or  children  to  a  day  school  for 
the  deaf,  the  Michigan  school  for  the  deaf,  located  at  Flint, 
or  to  such  other  school  for  the  deaf  as  the  said  parent,  guar- 
dian, or  other  person  in  parental  control,  prefers :  Provided,  Proviso. 
That  should  the  parent,  guardian  or  other  person  in  parental 
control  of  said  child  or  children  fail  to  meet  the  foregoing 
provision,  then  such  child  or  children  shall  be  sent  to  the 
Michigan  school  for  the  deaf,  located  at  Flint. 

(292)  SEC.  2.     In  cases  where  such  parent,  guardian  or  Transporta- 
other  person,  on  account  of  their  poverty,  are  unable  to  fur- 

nish  such  child  or  children  with  transportation  to  and  from 
such  school,  the  board  of  trustees  of  the  Michigan  school  for 
the  deaf  shall  furnish  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  where  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor ;  and  any  such  sums  are  hereby  appropriated  sums,  how 
and  shall  be  paid  out  of  any  moneys  in  the  general  fund,  not  SSere1"1 
otherwise  appropriated,  and  the  auditor  general  shall  charge  char&ed- 
all  such  moneys,  so  drawn,  to  the  county  of  which  such  par- 
ent, guardian  or  other  person  is  a  resident,  or  to  which  he  or 
she  belongs,  to  be  collected  and  returned  to  the  general  fund 
the  same  as  any  state  taxes  are  required  to  be  by  law. 

(293)  SEC.  3.     Act  number  two  hundred  of    the    public  Certain  act 
acts  of  nineteen  hundred  five,  entitled  "An  act  to  provide to 

for  the  compulsory  education  of  children,  for  penalties  for 
failure  to  comply  with  the  provisions  of  this  act,  and  to  re- 
peal all  acts  or  parts  of  acts  conflicting  with  the  provisions 
of  the  same,"  shall  apply  in  the  execution  of  this  act,  and 
the  officers  mentioned  in  said  act  shall  be  required  to  report 
all  cases  of  deaf  children  residing  in  their  jurisdiction  to  the 
superintendent  of  the  Michigan  school  for  the  deaf,  and  they 
shall  enforce  this  act  in  the  same  manner  as  the  said  act  Penalties, 
number  two  hundred  of  nineteen  hundred  five  is  enforce^. 
The  same  penalties  prescribed  for  violation  of  said  act  are 
hereby  prescribed  for  violation  of  this  act. 


142 


STATE    OF    MICHIGAN. 


Time  may 
remain  in 
school. 


transfer. 


An  Act  to  provide  for  the  maintenance,  supervision  and  government 
of  the  Michigan  school  for  the  blind,  and  to  repeal  all  acts  and 
parts  of  acts  inconsistent  herewith. 

[Extract  from  Act  123,  P.  A.  1893.] 

(295)  §  2017.  SEC.  9.  It  shall  be  the  duty  of  the  secre- 
be  entitled  to  remain  in  said  school  shall  be  twelve  years,  or 
the  board  of  control  may,  in  cases  where  they  deem  it  advis- 
Dismissai  and  able,  extend  such  time  to  fourteen  years.  This  section  shall 
not  be  so  construed  as  to  prohibit  the  said  board  of  control 
from  dismissing  any  pupil  within  the  such  period  for  per- 
sistent disobedience,  immoral  conduct,  or  other  sufficient 
cause,  neither  shall  anything  in  this  act  operate  to  prohibit 
the  transfer  of  any  child  over  the  age  of  eighteen  years  to 
the  Michigan  employment  institution  for  the  blind  upon  con- 
sent granted  by  the  board  of  control  of  the  Michigan  school 
for  the  blind,  and  whenever,  in  the  discretion  of  said  board, 
the  transfer  of  any  such  child  will  be  for  its  best  interests  or 
the  best  interests  of  the  said  Michigan  school  for  the  blind. 

Am.   1907,   Act   116. 

(295)  §  2017.  SEC.  9.  It  shall  be  the  duty  of  the  secre- 
tary of  state  to  make  out  and  forward  to  the  superintendent 
of  the  Michigan  school  for  the  blind,  on  or  before  the  first 
day  of  November  in  each  year,  on  blanks  prepared  for  that 
purpose,  a  copy  in  detail  of  so  much  of  the  statistical  in- 
formation received  by  him  by  virtue  of  any  law  of  this  state 
as  relates  to  the  blind.  It  shall  be  the  duty  of  each  school 
census  enumerator  provided  for  in  the  general  school  laws 
of  the  state,  within  the  district,  ward,  or  portion  thereof,  al- 
lotted to  him,  to  procure  the  name,  age,  residence,  and  the 
name  and  residence  of  the  parents  or  guardians  or  persons  in 
control  or  in  charge  of  each  blind  child,  and  of  each  child 
whose  vision  is  so  defective  as  to  make  it  impossible  to  prop- 
erly educate  such  child  in  the  public  schools,  between  the 
ages  of  seven  and  nineteen  years. 

(a)  The  said  enumerators  in  addition  to  their  duties  now 
prescribed  in  the  general  school  laws  shall  make  a  list  of  the 
names  of  all  blind  children,  or  children  whose  vision  is  so 
defective  as  to  make  it  impossible  to  properly  educate  them 
in  the  public  schools,  together  with  the  data  herein  author- 
ized to  be  secured,  which  list  shall  be  verified  by  oath  or 
affirmation  of  the  person  taking  such  census,  by  affidavit 
appended  thereto,  or  inserted  thereon,  setting  forth  that  it 
is  a  correct  list  of  the  names  of  all  the  children  herein  desig- 
nated, residing  within  the  particular  school  district,  ward, 
or  portion  thereof.  Said  affidavit  may  be  made  before  the 
township  clerk  or  any  other  officer  authorized  by  law  to 
take  acknowledgments.  Blanks  for  this  purpose  shall  be 


Duty  of 
secretary  of 
state. 


Census 
enumerator 


List  of 
names  of 
blind  chil- 
dren, by 
whom  made, 
verified,  etc. 


GENERAL    SCHOOL   LAWS.  143 

furnished  by  the  department  of  public  instruction  to  the  sec 

retary  of  every  school    board    within    the    state.     The  said  TO  whom 

list  shall,  after  it  has  been  properly  verified,  and  within  the  forwarded- 

time  prescribed  by  the  general  school  laws  for  the  filing  of 

census  lists,  be  forwarded    by   the    secretaries    of    the    said 

school  boards  to  the  superintendent  of  public  instruction  and 

a  copy  thereof  shall  be  filed  with  the  proper  officer  of  the 

township  or  city,  as  the  case  may  be.    The  said  superintend-  Duty  of  supt. 

ent  of  public  instruction  shall,  immediately  upon  receipt  of  " 

the  various  lists,  prepare  and  tabulate  a  report  containing 

the  name,  age  and  residence  of  each  blind  child,  and  each 

child  whose  vision  is  so  defective  as  to  make  it  impossible  for 

it  to  be  properly  educated  in  the  schools  for  the  seeing  with- 

in this  state,  together  with  the  names  and  residences  of  the 

parents,  guardian,  or  person  having  the  control  of  any  such 

child,  which  report  shall  be  forwarded  to  the  superintendent 

of  the  Michigan  school  for  the  blind. 

(b)      It  shall  be  the  duty  of  every  parent,  guardian,  or 


other  person,  having  control  or  charge  of  any  child  or  chil-  sent  toM?ch- 


dren  in  the  state  of  Michigan,  between  the  ages  of  seven  and  f 

nineteen  years  who  are  blind,  or  whose  vision  is  so  defective 

as  to  make  it  impossible  to  have  them  properly  educated  in 

the  schools  for  the  seeing,  to  send  such  child,  or  children,  to 

the  Michigan  school  for  the  blind,  to  be  received    at    that 

school  in  accordance  with  the  provisions  of  the  statute,  and 

the  rules  and  regulations  which  are  or  may  be  prescribed  by 

the  board  of  control  of  said  school  :    Provided,  That  the  par-  proviso, 

ents,  guardian  or  person  having  control  of  any  such  child  exceptions. 

shall  not  be  required  to  send  them  to  the  Michigan  school 

for  the  blind  when  they  come  within  any  one  of  the  follow- 

ing classes  : 

(1)  Any  child  or  children  being  educated  in  any  private 
or  parochial   school; 

(2)  Any  child  or  children  physically  or  mentally  incom- 
petent of  being  educated  ; 

(3)  Any  child  or  children  over  the  age  of  seventeen  years 
who  have  been  taught  and  are  employed  and  are  working  at 
a  trade; 

(4)  Any  child  or  children  of  the  age  of  eighteen  years  em- 
ployed at  the  Michigan  employment  institution  for  the  blind; 

(c)     It  shall  be  the  duty  of  the  superintendent  of  the  Mich-  Dutyofsup- 
igan  school  for  the  blind  to  furnish  to  the  county  commis-  o?schooi!nt 
sioner  of  schools  of  every  county,   and  to  the  secretary  of 
the  school  board  in  every  city  or  village,  a  list  of  the  names 
of  such  children  within  such  county,  city  or  village,  as  come  Truant 
within  the  provisions  of  this  act.     Each  truant  officer  shall,  °mcer> 
when  notified  by  the  board  of  control,  or  by  the  superintend- 
ent of  the  Michigan  school  for  the  blind,  or  by  anyone  ap- 
pointed or  designated  by  them,  or  by  the  county  commis- 
sioner of  schools,  that  there  are  within  such  village,  city  or 


144 


STATE    OF    MICHIGAN. 


When  super- 
intendent to 
notify  truant 
officer. 


When  to  en- 
force act. 


Proceedings 
in  indigent 


county,  as  the  case  may  be,  children  who  come  within  the 
provisions  of  this  act,  investigate  all  such  cases  and  report 
the  conditions  found  to  exist  to  the  superintendent  of  the 
Michigan  school  for  the  blind,  and  the  commissioners  of 
schools  of  the  county.  The  superintendent  of  the  Michigan 
school  for  the  blind  shall,  upon  receipt  of  such  report  from 
any  truant  officer,  determine  whether  or  not  the  children 
in  question  are  included  within  the  provisions  of  this  act, 
and  if  in  his  judgment  such  children  are  included  within 
the  provisions  of  this  act,  and  are  not  included  within  the 
exempted  classes  named  herein,  he  shall  notify  the  proper 
truant  officer,  who,  upon  receipt  of  such  notice,  shall  take 
such  steps  against  the  parents,  guardian  or  other  person  hav- 
ing charge  or  control  of  any  such  child  or  children,  to  en- 
force the  provisions  of  this  act,  as  are  now  prescribed  in  act 
two  hundred  of  the  public  acts  of  nineteen  hundred  five,  as 
amended,  relative  to  compulsory  education  under  the  general 
school  law. 

(d)  In  case  when  such  parent,  guardian  or  other  person, 
on  account  of  indigent  circumstances,  are  unable  to  furnish 
such  child  or  children  with  transportation  to  and  from  such 
school,  the  board  of  trustees  of  the  Michigan  school  for  the 
blind  shall  provide  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  \vhen  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor,  and  any  such  sums  are  hereby  appropriated, 
and   shall  be  paid  out  of  any  moneys  in  the  general  fund, 
not   otherwise   appropriated,   and  the  auditor   general   shall 
charge  all  such  moneys,  so  drawn,  to  the  county  of  which 
such  parent,  guardian   or  other  person  is  a  resident,  or  to 
which  he  or  she  shall  belong,  to  be  collected  and  returned 
to  the  general  fund,  the  same  as  any  state  taxes  are  required 
to  be  by  law. 

(e)  Anyone  refusing  to   comply  with  any  of  the  provi- 
sions of  this  act,  and  any  parent,  guardian  or  other  person 
who  shall  wilfully  refuse  to  send  any  children  coming  within 
the  provisions  of  this  act  and  not  herein  expressly  exempted, 
to  the  Michigan  school  for  the  blind,  or  who  shall  detain 
any    such    children    who    should  be  in  attendance  at   said 
school,  shall,  upon  conviction  by  any  court  of  competent  au- 
thority, be  deemed  guilty    of    a    misdemeanor  and  shall  be 
subject  to  such  penalties  as  are  prescribed  in  said  act  two 
hundred    of    the    public    acts    of    nineteen  hundred  five  as 
amended  for  the  violation  of  any  of  its  provisions.     All  pro- 
visions of  said  act  two  hundred  of  the  public  acts  of  nine- 


Penalty  for 
violation. 


Act 
applicable. 


GENERAL    SCHOOL   LAWS.  145 

'  \.    - Lli : 

teen  hundred  five  are  made  applicable  hereto  except  in 
as  they  may  be  inconsistent  herewith. 

Am.  Id. 


CARE  AND  INSTRUCTION  OF  BLIND  BABIES. 

An  Act  to  provide  for  the  care,  maintenance  and  instruction  of  blind 
babies  and  children  under  school  age. 

[Act  258,   P.   A.   1013.] 

The  People  of  the  State  of  Michigan  enact: 

(296)  SECTION  1.   The  state  board  of  education  shall  have  Blind  children, 
power  to  provide  for  the  suitable  care,  maintenance  and  in- 
struction  of  babies  and  children  under  school  age  residing  in 

this  state,  who  may  be  born  blind  or  become  blind  in  any  case 
where  by  reason  of  lack  of  means  or  other  cause  the  parent 
or  parents  of  such  children  may  be  unable  to  properly  care 
for,  maintain  and  educate  such  children. 

(297)  SEC.  2.     For  the  purpose  of  providing  such  care,  Maintenance, 
maintenance  and  education  the  said  board  of  education  shall  educatlon'  etc- 
have  power  to  contract  with  any  institution  having  or  fur- 
nishing facilities  for  such  care,  maintenance  and  education 

in  this  or  any  other  state  at  a  contract  price  to  be  agreed 
upon,  not  exceeding  five  dollars  per  week  per  child:     Pro- Proviso, 
vided,   That  such  contract  shall  be  made  by  and  with  the 
written  consent  of  the  parents  or  surviving  parent  of  any 
such  child. 

(298)  SEC.  3.     Such  contract  shall  continue  in  force  and  Timecmw 
the  care,  maintenance  and  education  provided  therein  shall 
continue  until  such  child  attains  the  age  of  six  years. 

(299)  SEC.  4.     There  shall  be  included  in  the  tax  to  be  Tax  clause, 
levied  for  state  school  purposes,  a  rate  sufficient  to  raise  the 

sum  of  twenty-five  hundred  dollars,  in  addition  to  all  other 
sums  provided  by  law,  which  sum,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  for  the  purpose  of  carry- 
ing out  the  provisions  of  this  act. 

(300)  SEC.  5.     Nothing    in    this    act  contained  shall  be 
deemed  to  repeal  or  in  any  way  modify  any  existing  law  with 
reference  to  the  education  of  the  deaf,  dumb  and  blind. 

19 


146 


STATE    OF    MICHIGAN. 


What  chil- 
dren deemed 
truants  or 
disorderly 
persons. 


Who  to  make 
complaint. 


Term  of 
sentence. 


MISCELLANEOUS   OFFENSES. 

An  Act  to  prevent  crime  and  to  punish  truancy. 
[Act  222,   P.   A.   1887.] 

The  People  of  the  State  of  Michigan  enact: 

(301)  §  11765.     SECTION  1.     That  every  boy  between  the 
age  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of 
ten  and  seventeen  years,  who    shall    frequent    or    be    found 
lounging  about  saloons,   disreputable  places,  houses    of    ill 
fame,  or  who  shall  be  an  inmate  or  resident  or  a  member  of  a 
family  who  [reside]  resides  in  any  house  of  ill  fame,  or  con- 
duct  any   other   disreputable   place,   or  who   shall   frequent 
other  rooms  or  places  where  dissolute  and  disreputable  people 
congregate,  or  where  intoxicating  liquors  are  kept  for  sale,  or 
who  shall,  against  the  command  of  his  or  her  parents  or 
guardian,  run  away    or   wilfully    absent    himself  or  herself 
from  the  school  he  or  she  is  attending,  or  from  any  house, 
office,  shop,  firm  or  other  place  where  he  or  she  is  residing  or 
legitimately  employed  with  labor,  or  who  shall  against  such 
command  of  his  or  her  parents  or  guardian  or  for  any  im- 
moral,  disorderly  or  dishonest  purposes  be  found  lounging 
upon  the  public  streets,  highways  or  other  public  resorts  or 
at  places  of  amusement  of  dissolute  or  improper  character,  or 
who  shall  against  any  such  command  or  for  any  [such]  dis- 
orderly or  dishonest  purposes  attend  any  public  dance,  skat- 
ing rink,  or  show  shall  be  deemed  guilty  as  a  truant  or  dis- 
orderly child. 

Charge,  held  Insufficient  to  sustain  a  conviction. — People  v.  Turja,  157  /  530. 

(302)  §  11766.     SEC.  2.     Upon  the  complaint  upon  oath 
and  in  writing  made  before  any  justice  of  the  peace,  police 
justice  or  other  criminal  magistrate,  by  the  parent  or  guar- 
dian, or  other  person  knowing  of  the  facts  of  his  own  knowl- 
edge, that  any  girl   between  the  age  of  ten  and  seventeen 
years,  or  that  any  boy  between    the   age  of  ten  and  sixteen 
years,  or  by  the  supervisor  of  any  township,  or  mayor  of  any 
city,  or  president  of  any  village,  and  in  any  city  of  over  eight 
thousand  population  by  the  chief  of  police,  mayor,  or  other 
person  knowing  of  the  facts  of  his  own  knowledge,  that  such 
minor  has  been  guilty  of  any  of  the  acts  specified  in  section 
one  of  this  act,  such  justice  of  the  peace,  police  justice  or 
other  criminal    magistrate,  shall  issue    a    warrant    for    the 
arrest  of  such  minor,  and  upon  conviction  such  minor,  if  a 
boy,  may  be  sentenced  by  such  justice  of  the  peace,  police  jus- 
tice or  criminal  magistrate,  to  the  industrial  school  for  boys 
at  Lansing,  and  if  a  girl,  to  the  industrial  home  for  girls  at 
Adrian,    boys   until    eighteen   years   of   age,  and  girls  until 
twenty-one  years  of  age,  unless  sooner  discharged  according 


GENERAL    SCHOOL   LAWS.  147 

to  law :     Provided,  That  no  person  or  persons  shall  be  sent  proviso  as 

to  the  said  industrial  school  for  boys  or  to  the  industrial  ofsSSenSt' 

home  for  girls  until  the  sentence  therein  has  been  submitted 

to  and  approved  by  one  of  the  judges  of  the  recorder's  court 

of  the  city  of  Detroit,  or  judge  of  the  superior  court  of  the 

city  of  Grand  Rapids,  or  any  circuit  judge  or  probate  judge 

of  the  county  in  which  such  conviction  shall  be  had. 

Am.  1899,  Act  75. 

(303)      §  11767.     SEC.  3.     The  same  proceedings  shall  be  Proceedings 
had  upon  the  trial  of  any  person  charged  with  being  guilty  upon  tnal- 
of  any  of  the  offenses  mentioned  in  section  one  of  this  act 
before  the  justice  before  whom  such  person  is  brought  as  are 
had  in  trials  for  misdemeanor,  as  far  as  the  same  are  ap- 
plicable, and  the  state  agent  for  the  care  of  juvenile  offenders  Duty  of 
of  the  county  wherein  such  offenders  may  be  on  trial  shall 8tate  asent- 
have  authority  and  take  the  same  action  in  the  premises  as 
is  provided  by  act  number  one  hundred  and  seventy-one  of 
the  session  laws  of  eighteen  hundred  and  seventy-three  of  'this 
state. 


An  Act  to  provide  for  the  punishment  of  persons  responsible  for  or 
contributing  to  the  delinquency  of  children. 

[Act   314,   P.   A.   1907.] 

The  People  of  the  State  of  Michigan  enact: 

(304)     SECTION  1.    In  all  cases  where  any  child  shall  be  a  Parents,  etc., 
delinquent  child,  or  a  juvenile  delinquent  person,  as  defined 
by  the  statutes  of  this  state,  the  parent  or  parents,  legal  guar- 
dian  or  person  having  the  custody  of  such  child,  or  any  other 
person,  responsible  for  or  by  any  act  encouraging,  causing 
or  contributing  to  the  delinquency  of  such    child    shall    be 
guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  there- 
of, shall  be  punished  by  a  fine  not  exceeding  the  sum  of  one 
hundred   dollars   or  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  ninety  days,  or  both  such  fine  and  im- 
prisonment :    Provided,  That  the  court  may,  in  its  discretion,  provisoes  to 
suspend  sentence  upon  any  person  found  guilty  under  this  Sence°n  °f 
act  upon  conditions  which  may  be  imposed  by  the  court  at 
the  time  of  the  suspension  of  such  sentence. 


148 


STATE    OF   MICHIGAN. 


An  Act  to  provide  for  the  protection  of  children. 

(From  this  act  only  such  portion  is  quoted  as  relates  directly  to  students 
in  schools.) 

[Act  260,   P.   A.   1881.] 

SenLTnot  (305)  §  5554.  SEC.  2.  No  minor  child  under  seventeen 
permitted  in  years  of  age,  nor  any  minor  who  is  a  student  in  any  public, 
saloon,  etc.  prjvate  or  parochial  school  in  the  state  of  Michigan,  shall  be 
permitted  to  remain  in  any  saloon,  bar  room  or  other  place 
where  any  spirituous  or  intoxicating  liquor,  or  any  wine  or 
beer,  or  any  beverage,  liquor  or  liquors  containing  any  spirit- 
uous or  intoxicating  liquor,  beer  or  malt  liquor  is  sold,  given 
away  or  furnished  for  a  beverage;  or  in  any  place  of  amuse- 
ment known  as  dance  houses,  concert  saloons,  variety 
theaters;  or  in  any  house  of  prostitution;  or  in  any  room  or 
hall  occupied  or  used  for  hire,  gain  or  reward,  for  the  pur- 
pose of  playing  billards,  pool,  cards,  dice  or  any  other  un- 
lawful game;  or  in  any  room  or  hall  used  or  occupied  for 
gaming,  pool-selling  or  betting  in  any  manner  whatever ;  or 
in  any  room  or  hall  in  which  any  cigars  or  tobacco  are  sold 
Misdemeanor,  or  kept  for  sale,  where  any  such  games  are  played.  Any 
proprietor,  keeper  or  manager  of  any  such  place  who  shall 
permit  such  minor  child  or  minor  student  to  remain  in  any 
such  place,  and  any  person  who  shall  encourage  or  induce 
in  any  way  such,  minor  child  or  minor  student  to  enter  such 
place  or  to  remain  therein  shall  be  deemed  guilty  of  a  mis- 
Penaity.  demeanor,  and  on  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
ten  days  nor  more  than  thirty  days,  or  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

Am.  1905,  Act  236  ;  1907,  Act  55  ;  1909,  Act  203. 


EMPLOYMENT  OF  CHILDREN. 

[Extract  from  Act  285,  P.  A.  1909.] 

Child  under  (306)  SEC.  10.  No  child  under  the  age  of  twenty-one  years 
shall  be  employed,  permitted  or  suffered  to  work  in  any 
theater,  concert  hall,  or  place  of  amusement  where  intoxicat- 

under  fifteen,  ing  liquors  are  sold.  No  child  under  fifteen  years  of  age 
shall  be  employed,  permitted  or  suffered  to  work  in  or  in 
connection  with  any  mercantile  institution,  store,  office,  hotel, 
laundry,  manufacturing  establishment,  mine,  bowling  alley, 
billiard  or  pool  room  conducted  for  profit,  theater,  passenger 
or  freight  elevator,  factory  or  workshop,  telegraph  or  mes- 


GENERAL  SCHOOL  LAWS.  149 

senger  service  within  this  state :  Provided,  This  section  proviso, 
shall  not  apply  to  any  child  of  the  age  of  fourteen  years  or 
over,  working  during  the  established  vacation  period  in  pre- 
serving perishable  goods  in  fruit  or  vegetable  canning  estab- 
lishments. It  shall  be  the  duty  of  every  mercantile  institu- 
tion, store,  office,  hotel,  laundry,  manufacturing  establish- 
ment, mine,  bowling  alley,  workshop,  telegraph  or  messenger 
service  or  any  person  coming  within  the  provisions  of  this 
act  to  keep  a  register  in  which  will  be  recorded  the  name, jiegister  of 
birthplace,  age  and  place  of  residence  of  every  person  em-  cmPloyes- 
ployed  under  the  age  of  sixteen  years,  and  it  shall  be  unlaw- 
ful for  any  such  establishment  or  person  to  hire  or  employ, 
or  permit  to  be  hired  or  employed  or  suffered  to  work,  any 
child  under  the  age  of  sixteen  years  without  there  is  first 
provided  and  placed  on  file  in  the  business  office  thereof  a 
permit  issued  by  the  superintendent  of  schools  of  the  school  Permit  to 
district  in  which  such  child  resides,  or  some  one  duly  author-  employ- 
ized  by  him  in  writing,  or,  where  there  is  no  superintendent 
of  schools,  by  the  county  commissioner  of  schools,  or  some 
one  duly  authorized  by  him  in  writing,  any  of  whom  shall 
have  power  to  administer  oaths  in  relation  thereto.  Such 
permit  shall  be  returned  immediately  to  the  issuing  officer 
when  such  child  leaves  such  employment;  every  limited  va- 
cation permit,  hereinafter  to  be  described,  shall,  upon  its  ex- 
piration, be  void  and  of  no  effect.  The  said  register  and  Register  and 

, .  e  ,       „  permit  to  be 

permit  shall  be  produced  for  inspection  on  demand  of  any  produced, 
factory  inspector  appointed  under  this  act.    No  fee  shall  be 
charged   for   such   permit  or  other  record  required  by  this 
act  by  any  officer  by  whom  it  shall  be  issued.    Every  employer  immunity  of 
complying  with  the  provisions  of  this  section  shall    be    at e] 
liberty  to  employ  the  person  so  presenting  the  permit  herein- 
before referred  to,  and  is  justified  in  considering  and  treat- 
ing such  person  as  of  the  age  shown  in  such  permit  and 
shall  not  be  liable,  if  it  transpire  that  such  person  is  under 
the  age  represented  in   such  permit,  to  any  greater  extent 
than  such  employer  would  be  liable  if  such  person  were  of 
the  age  represented.     The  person  authorized  and  required  to  when  to 
issue  such  permit  shall  not  issue  the  same  until  he  has  re- 1! 
ceived,  examined,  approved  and  filed  the  following  papers, 
duly  executed: 

(a)  The  school  report  of  said   child  .properly    filled    out  school  report, 
and    signed    as    hereinafter    provided:      Provided,    however, 

That  when  such  permit  is  issued  during  the  summer  vaca- 
tion no  such  record  shall  be  required,  but  all  such  permits, 
called  in  this  act  limited  vacation  permits,  shall  expire  upon 
the  first  Monday  in  September,  commonly  called  Labor  day, 
shall  contain  a  conspicuous  statement  of  the  time  at  which 
they  shall  expire  and  shall  be  of  a  special  color  distinct  from 
regular  permits; 

(b)  A  passport,  or  duly  attested  transcript  of  the  record  Record  of 
of  birth,  as  kept  by  any  duly  authorized  public  authority,    ] 


150 


STATE    OF    MICHIGAN. 


Examination. 


or  a  record  of  baptism  or  other  religious  record,  showing  the 
date  and  place  of  birth  of  such  child; 

statement  of  (c)  A  statement  from  a  physician  connected  officially 
with  the  board  or  department  of  health,  which  shall  be  re- 
quired, however,  only  in  case  the  above  mentioned  official  or 
religious  record  cannot  be  produced,  which  statement  shall 
certify  that,  in  the  opinion  of  the  physician  issuing  said 
statement,  the  child  is  fifteen  years  of  age  or  upwards,  is  in 
sound  health  and  physically  able  to  perform  the  work  which 
it  intends  to  do.  Such  statement  shall  also  certify  to  the 
correct  weight  and  height  of  said  child,  and  shall  be  kept  on 
file  by  the  person  issuing  working  permits ;  such  person  may, 
in  his  discretion,  require  also  an  affidavit  from  the  parents 
or  other  evidence  as  additional  proof  of  age; 

(d)  A  statement  by  the  issuing  officer  that  he  has  ex- 
amined said  child,  that  in  his  opinion  the  child  can  read  in- 
telligently and  write  legibly  simple  sentences  in  the  English 
language,  that  in  his  opinion  the  child  is  fifteen  years  of 
age  or  upwards,  and  has  reached  the  normal  development  of 
a  child  of  its  age  and  is  in  sound  health  and  physically  able 
to  perform  the  work  which  it  intends  to  do,  and  that  in  his 
opinion  the  services  of  the  child  are  essential  to  the  support 
of  itself  or  its  parents.  In  doubtful  cases,  such  physical  fit- 
ness shall  be  determined  by  a  medical  officer  of  the  board  or 
department  of  health.  Every  such  permit  shall  be  signed  in 
the  presence  of  the  officer  issuing  the  same  by  the  child  in 
whose  name  it  is  issued;  and  shall  state  the  date  and  place 
of  birth  of  the  child,  and  describe  the  co-lor  of  the  hair  and 
eyes,  the  height  and  weight  and  any  distinguishing  facial 
marks  of  such  child,  and  that  the  paper  required  by  the  pre- 
ceding sections  has  been  duly  examined,  approved  and  filed, 
and  that  the  child  named  in  such  permit  has  appeared  be- 
fore the  officer  signing  the  same  and  been  examined.  The 
school  record  required  by  this  article  shall  be  signed  by  the 
principal  or  chief  executive  officer  of  the  school  which  such 
child  has  attended  and  shall  be  furnished  on  demand  to 

What  to  state  a  child  entitled  thereto.  It  shall  contain  a  statement  cer- 
tifying that  the  child  has  regularly  attended  the  public 
school,  or  schools  equivalent  thereto,  or  parochial  schools  for 
not  less  than  one  hundred  days  during  the  school  year  previ- 
ous to  his  arriving  at  the  age  of  fifteen  years  or  during  the 
year  previous  to  applying  for  such  school  record,  and  is  able 
to  read  intelligently  and  write  legibly  simple  sentences  in 
the  English  language,  and  in  the  case  of  the  public  schools, 
has  passed  satisfactorily  the  work  of  the  school  up  to  and 
including  the  work  of  the  sixth  grade,  as  provided  in  the 
course  of  study  of  the  public  schools,  or  in  the  case  of  schools 
other  than  public,  the  equivalent  thereto.  Such  school  record 
shall  also  give  the  age  and  residence  of  the  child  as  shown 
on  the  records  of  the  school  and  the  name  of  its  parents  or 


Permit,  what 
to  state. 


School  record, 
how  signed. 


GENERAL    SCHOOL   LAWS.  151 


guardians  or  custodian :   Provided,  That  in  the  case  of  limited  Proviso, 
vacation  permits  the  school  record  and  all  other  requirements  vS-atSn 
relating  to  educational  qualifications  shall  be  waived,  but  all  permit, 
other  requirements  shall  be  complied  with  as  prescribed  in 
this  section.    Every  month  after  the  issuance  of  a  permit  the 
child  shall  report  to  the  person  who  issued  same,  either  in 
person  or  in  writing,  through  its  parent  or  guardian,  stating 
that  the  child  is  employed,  giving  the  name  of  employer  and 
the  location  of  the  place  of  employment,  and  if  not  employed 
said  child  shall  be  compelled  to  attend  school :     Provided,  Proviso, 
That  nothing  in  this  act  shall  be  used  to  invalidate  the  right  permit!8 
of  any  minor  over  the  age  of  fourteen  years  to  use  a  work- 
ing permit  issued  before  the  passage  of  this  act. 

(e)     Any  person  who  shall  make  a  false  statement,  tr an- False  state- 
script,  passport,  school  certificate,  certificate  of  physical  fit-  n 
ness,  school  record  or  any  other  writing  required  to  be  made 
or  filed  by  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  Penalty, 
not  less  than  ten  nor  more  than  one  hundred  dollars  or  im- 
prisonment for  not  less  than  ten  days  nor  more  than  ninety 
days,  or  by  both  such  fine  and  imprisonment  in  the  discretion 
of  the  court. 

Am.  1911,  Act  220;  1915,  Act  255. 
Drake  v.  Industrial  Works,  174  /  623. 


i 
FRATERNITIES,  SORORITIES,  ETC.,  ABOLISHED. 

An  Act  to  abolish  fraternities,  sororities  and  all  other  secret  societies 
among  the  pupils  of  the  public  schools  of  the  state  of  Michigan. 

[Act  271,   P.   A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 

(307)  SECTION  1.     It  shall  be  unlawful  for  any  pupil  of  unlawful  to 
the  public  schools  of  the  state  of  Michigan  in  any  manner  to  orgamze' etc- 
organize,  join  or  belong  to  any  fraternity,  sorority  or  any 

other  secret  society  composed  or  made  up  of  pupils  of  the 
public  schools. 

(308)  SEC.  2.    It  shall  be  the  duty  of  every  teacher,  prin-  Teacher, 
cipal,  or  superintendent,  having  knowledge  or  reason  to  be-   u  y  ° 
lieve  that  such  fraternity,  sorority,  or  any  other  secret  so- 
ciety is  being  organized  or  maintained  in  any  of  the  schools 

of  the  state,  or  that  any  of  the  pupils  attending  said  schools 
are  organizing  or  belonging  to  such  fraternity,  sorority  or 
any  other  secret  society,  to  advise  immediately  the  president 
or  secretary  of  the  board  of  education  in  charge  of  such 


152 


STATE    OF    MICHIGAN. 


Board  of 
education, 
investiga- 
tion. 


schools,  of  such  facts.  Upon  receipt  of  such  notice,  or  of 
any  other  information  that  this  act  is  being  violated,  the 
board  of  education  shall  proceed  to  investigate  the  facts  con- 
cerning the  same,  and  if  after  giving  all  pupils  suspected  of 
such  violation  a  reasonable  opportunity  for  a  hearing,  it 
shall  satisfactorily  appear  to  the  board  of  education  that  any 
pupil  has  become  connected  with  such  an  organization,  or  has 
promised  to  join  such  organization,  the  board  shall  take  such 
steps  as  it  shall  deem  necessary  to  abolish  such  organization, 
and  it  may  inflict  such  punishment  on  the  pupils  so  con- 
nected therewith  as  the  board  shall  deem  expedient. 

Am.  1913,  Act  260. 


Penalty  for 
neglect. 


(309)  SEC.  3.  Any  officer,  teacher,  principal,  superintend- 
ent or  other  person  mentioned  in  this  act  neglecting  to  per- 
form any  duty  imposed  upon  him  by  this  act,  upon  convic- 
tion thereof  shall  be  fined  not  less  than  ten  dollars  nor  more 
than  twentv-five  dollars  for  each  offense. 


TEACHERS'  ASSOCIATIONS. 

An  Act  to  incorporate,  teachers'  associations. 


Fifteen  or 
more  teachers 
may  form 
corporation. 


Notice  to  be 
published. 


May  hold 
property. 

Restrictions 
upon  its  use. 


Privileges  and 
liabilities  of 
corporations. 


[Act  117,   S.   L.   1855.] 

The  People  of  the  State  of  Michigan  enact: 

(310)  §  7730.     SECTION  1.    Any  fifteen  or  more  teachers, 
or  other  persons  residing  in  this  state,  who  shall  associate 
for  the  purpose  of  promoting  education  and  science,  and  im- 
provements in  the  theory  and  practice  of  teaching,  may  form 
themselves  into  a  corporation,  under  such  name  as  they  may 
choose,   providing  they  shall  have  published   in  some  news- 
paper printed  at  Lansing,  or  in  the  county  in    which    such 
association  is  to  be  located,  for  at  least  one  month  previous, 
a  notice  of  the  time,  place  and  purpose  of  the  meeting  for 
such  association,  and  shall  file  in  the  office  of  the  secretary 
of  state  a  copy  of  the  constitution  and  by-laws  of  said  asso- 
ciation. 

(311)  §  7731.     SEC.  2.     Such  association  may    hold    and 
possess    real    and    personal    property  to  the  amount  of  five 
thousand  dollars,  but  the  funds  or  property  thereof  shall  not 
be  used  for  any  other  purpose  than  the  legitimate  business  of 
the  association  in  securing  the  objects  of  its  corporation. 

(312)  §  7732.     SEC.  3.    Upon  becoming  a  corporation,  as 
hereinbefore  provided,  they  shall  have  all  the    powers    and 
privileges,  and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the  revised 


GENERAL  SCHOOL  LAWS.  153 

statutes  of  this  state,  so  far  as  such  provisions  shall  be  ap- 
plicable in  such  case,  and  not  inconsistent  with  the  provi- 
sions of  this  act. 

Chap.  55  referred  to  is  sections  8527-51,  C.  L.  1897. 


An  Act  to  provide  for  a  retirement  fund  for  teachers  in  certain  cases. 
[Act  174,   P.   A.   1915.] 

The  People  of  the  State  of  Michigan  enact: 

(313)  SECTION  1.     There  shall  be  a  teachers'  retirement  Retirement 
fund  board,  hereinafter  called  the  retirement  fund  board,  con- f 
sisting  of  the  superintendent  of  public  instruction  and  five 

other  members  appointed  by  the  governor.     At  least  one  of 
such  members  shall  be  a  woman  teacher  in  the  public  schools. 
The  first  appointments  shall  be  made  within  ten  days  after 
this  act  takes  effect.     The  members  of  such  board  first  ap-  Terms  of 
pointed  shall  hold  office  respectively  for  terms  of  one,  two,  office- 
three,  four  and  five  years  from  August  one,  nineteen  hun- 
dred fifteen,  to  be   designated  in  the  appointments.     Their 
successors  shall  be  appointed  for  terms  of  five  years.     A  va-  vacancies, 
cancy  in  the  office  of  any  member  shall  be  filled  for  the  un- 
expired  term  by  the  governor. 

(314)  SEC.  2.     There  shall  be  a  president,  a  vice-presi- officers  of 
dent  and  a  secretary  of  said  board  to  be  elected  by  a  majority 

vote  of  the  members  of  the  board.     The  president  and  vice-  Terms. 
president  shall  be  elected  for  terms  of  one  year.     The  term 
of  office  of  the  secretary  shall  be  fixed  by  the  board,  but 
shall  not  exceed  three  years.     The  secretary  shall  not  be  a 
member  of  the  board.     His  salary  or  compensation  shall  be  secretary, 
fixed  by  the  board,  but  shall  not  exceed  eighteen  hundred  compensation, 
dollars  a  year.    The  members  of  the  board  shall  serve  with-  Expenses, 
out  compensation,  but  they  shall  be  entitled  to  their  expenses 
actually  incurred  in  attending  the  meetings  of  the  board  and 
in  performing  services  as  members  thereof.    The  board  shall  Annual 
meet  annually  at  Lansing,  on  the  first  Friday  in  October,  meetins- 
and  shall  hold  such  other  meetings  as  they  deem  necessary. 
If  a  member  of  the  board  be  absent  from  two  consecutive  Absence  from 
meetings  without  reasonable  excuse  for  such  absence,  accept-  meetm&s- 
ed  by  the  board,  his  office  shall  be  declared  vacant  by  the 
board,  and  such  vacancy  filled  as  hereinbefore  provided. 

(315)  SEC.  3.    The  state  treasurer  shall  be  ex-officio  treas-  Treasurer  of 
urer  of  the  retirement  fund  and  shall  be  the  custodian  there-  fund- 

of.    The  moneys  belonging  thereto  shall  be  deposited  by  him  careof 
in  banks  or  trust  companies,  subject  to  the  same  provisions  m 


154 


STATE    OF   MICHIGAN. 


Investment. 


Powers  of 
board. 


Proviso, 
increase  of 
contributions. 


Proviso,  pro 
rata  pay- 
ments. 


Rules. 


What  to 
provide. 


of  law  as  regulate  the  deposit  of  state  funds.  The  retirement 
fund  board  shall  determine  from  time  to  time  the  investment 
of  the  permanent  retirement  fund,  but  each  investment  shall 
be  subject  to  the  approval  of  the  state  treasurer  and  such 
fund  shall  only  be  invested  in  those  securities  in  which  sav- 
ings bank  deposits  may  be  lawfully  invested. 

(316)     SEC.  4.     The  retirement  fund  board,  subject  to  the 
provisions  of  this  act,  shall  have  power: 

(1)  To  select  such  employes  as  may  be  necessary  to  carry 
into  effect  the  provisions  of  this  act,  and  fix  their  compensa- 
tion and  prescribe  their  duties; 

(2)  To  investigate  all  matters  relating  to  the  operation  of 
this  act,  and  for  that  purpose  to   subpoena  witnesses  and 
compel  their  attendance  to  testify  before  it.     Any  member 
of  the  board  may  administer  oaths  or  affirmations  to  such 
witnesses ;  j  |y 

(3)  To  require  all  boards,  officers  and    persons    having 
duties  to  perform  hereunder  in  respect  to  contributions  by 
teachers  to  the  retirement  fund,  to  report  from  time  to  time 
on   such   matters   relating  to  such   contribution   as  it   shall 
deem  advisable,  and  to  prescribe  the  form  of  such  reports; 

(4)  To  draw  its  warrants  upon  the  state  treasurer  for  the 
payment  of  annuities  to  teachers  who  have  been  retired  as 
provided  in  this  act,  and  for  the  purchase  of  such  securities 
as  the  board  shall  have  decided  to  purchase  as  herein  pro- 
vided.    No  payment  shall  be  made  from  the  teachers'  retire- 
ment fund,  except  upon  warrant  drawn  pursuant  to  resolu- 
tion duly  adopted  by  the  board  and  signed  and  attested  as 
the  board  may  prescribe; 

(5)  To  increase  the  contributions  from  the  teachers  ac- 
cording to  the  provision    made    in    section    six    of  this  act: 
Provided,   That  such  increase  shall  not  be  made  until  the 
contributions  from  all  sources,  not  including  the  principal 
of   the   permanent    fund,    are   insufficient   to    carry   out  the 
provisions  of  this  act:     Provided,  That  after  collecting  the 
additional  contributions  as  above  provided,  should  there  still 
be  insufficient  funds  in  any  year  to  pay  all  annuities  in  full, 
then,  and  in  such  case,  each  teacher  entitled  to  an  annuity, 
shall  be  paid  pro  rata  in  same  proportion  as  the  amount  of 
money  on  hand  is  to  the  amount  due. 

(317)     SEC.  5.    The  retirement  fund  board  shall  make  rules 
not  inconsistent  with  the  provisions  of  this  act,  which,  when 
approved  by  the  superintendent  of  public  instruction,  shall 
have  the  force  and  effect  of  law. 
Such  rules  shall: 

(1)  Provide  for  the  conduct  and  regulation  of  the  meet- 
ings of  the  board  and  the  transaction  of  its  business; 

(2)  Prescribe  the  manner  of  payment  of  contributions  by 
teachers  to    the    retirement    fund,    and.  the    payment    and 
methods  of  payment  of  annuities  therefrom; 


GENERAL,    SCHOOL   LAWS.  155 

(3)  Establish  a  system  of  accounts,  showing  the  condi- 
tion of  said  fund,  the  receipts,  expenditures  and  investments; 

(4)  Prescribe  the  forms  of  all  accounts,  warrants,  reports 
and  other  documents  to  be  used  by  all  persons  and  officers 
having  duties  to  perform  under  this  act; 

(5)  Regulate  the  performance  of  duties  of  boards  of  edu- 
cation, trustees,  and  other  officers  and  persons,  imposed  up- 
on them  by  this  act  in  respect  to  the  contributions  by  teach- 
ers to  the  retirement  fund,  and  the  deduction  of  such  con- 
tributions from  teachers'  salaries. 

(318)     SEC.  6.     (1)     All  teachers,  except  those,  who,  being  contributions 
under  contract  when  this  act  takes  effect,  do  not  elect  to  come  fSnr|Urement 
under  its  provisions,  shall  contribute  to  the  retirement  fund 
according  to  the  following  provisions: 

(a)  A  teacher  who  shall  have  taught  five  years  or  less, 
in  this  state  or  elsewhere  in  public  schools,  shall  contribute 
one-half  per  centum  of  his  or  her  annual  contractual  salary, 

but  not  more  than  five  dollars  during  any  year :     Provided,  Proviso, 
That  the  retirement  fund  board  may  increase  the  contribu- 
tions  to  one  per  centum  of  his  or  her  annual  contractual 
salary,  but  to  not  more  than  ten  dollars  in  any  year. 

(b)  A  teacher  who  shaH  have  so  taught  more  than  five 
years,  but  less  than  fifteen  years,  shall  contribute  one  per 
centum   of  his   or   her   annual   contractual   salary,   but  not 
more  than  ten  dollars  during  any  year :     Provided,  That  the  Proviso, 
retirement  fund  board  may  increase  the  contribution  to  two  l 

per  centum  of  his  or  her  annual  contractual  salary,  but  to 
not  more  than  twenty  dollars  during  any  year. 

(c)  A  teacher  who  shall  have  so  taught  fifteen  years  or 
more,  shall  contribute  two  per  centum  of  his  or  her  annual 
contractual  salary,  but  not  more  than  twenty  dollars  during 

any  year :     Provided,  That  the  retirement  fund  board  may  proviso, 
increase  the  contribution  to  three  per  centum  of  his  or  her ldem- 
annual  contractual  salary,  but  to  not  more  than  thirty  dol- 
lars during  any  year. 

(2)  After  this  act  takes  effect,  every  teacher  contracting  who  deemed 
to.  teach  in  the  public  schools,  including  all  who  under  any  agreeJto 
previous  contract  of  employment  have  not  elected  to  come  contribute. 
under  this  act,  shall,  by  so  contracting,  be  conclusively  deem- 
ed to  agree  to  pay  and  to  authorize  the  deduction  from  salary 

of  the  assessments  herein  provided. 

(3)  Any  person  who  when  this  act  takes  effect  is  employed  g£^nbution 
as  a  teacher  in  the  public  schools,  may  within  the  unexpired  empfoyed. 
term  of  such  employment  elect  to  come  under  the  provisions 

of  this  act  by  notifying  in  writing  the  retirement  fund  board, 
and -at  the  same  time  filing  with  the  local  school  board  or 
other  body  vested  with  control  of  such  schools,  a  duplicate 
of  such  notice  and  an  authorization  to  deduct  from  each 
subsequent  installment  of  salary  the  proper  assessment,  as 
herein  prescribed. 


156 


STATE    OF    MICHIGAN. 


Deductions 
from  salaries. 


Failure  to 
comply. 

Penalty. 


Recovery  and 
disposition. 


Annuities 

upon 

retirement. 

Thirty  years' 
service. 


Twenty-five 
years'  service. 


Fifteen  years' 
service. 


Proviso, 
last  five 
years. 


(319)  SEC.  7.     Boards  of  education,  trustees,  and  other 
school  authorities,  having  duties  to  perform  in  respect  to  the 
payment  of  salaries  to  school  teachers  who  are  under  this 
act,   shall  cause  to  be  deducted  from  each    installment    of 
salary  of  such  teachers  the  pro  rata  amount  due  from  such 
teachers  to  the  teachers'  retirement  fund,  and  forward  the 
same   to   the   treasurer  thereof,   as  prescribed  by  the  retire- 
ment fund  board.   Every  officer  and  person  failing  to  perform 
any  duty  prescribed  by  this  act,  shall  be  liable  to  a  penalty 
of  fifty  dollars  for  each  offense,  to  be  recovered  in  an  action 
of  debt  in  the  name  of  the  people  of  the  state  of  Michigan. 
And  in  case  of  any  such  liability,  the  attorney  general,  up- 
on requisition  -of  the  retirement  fund  board,  shall  prosecute 
and  recover  the  penalty  herein  provided,  and  when  recovered 
pay  the  same  to  the  treasurer  of  the  school  district  who  shall 
place  the  same  to  the  credit  of  the  library  fund  of  the  said 
district. 

(320)  SEC.  8.    A  teacher  who  has  taught  for  a  period  or 
periods   aggregating  thirty  years,  of  which  period  at  least 
fifteen  years,  including  the  last  five  years  of  service  preced- 
ing the  application  for  retirement,  shall  have  been  spent  in 
the  public  schools  in  this  state,  shall,  upon  and  during  re- 
tirement from  actual  service  as  a  teacher  on  or  after  Decem- 
ber one,  nineteen  hundred  fifteen,  be  entitled  to  an  annuity  of 
a  sum  equal  to  one-half  of  the  average  annual  contractual 
salary  paid   to   said  teacher   during  the  last   five   years   of 
service,  but  no  such  annuity  shall  exceed  five  hundred  dollars 
nor  be  less  than  three  hundred  dollars.     A  teacher  who  has 
taught  for  a  period  or  periods  aggregating  twenty-five  years, 
of  which  period  at  least  fifteen  years,  including  the  last  five 
years   of   service  preceding   the   application   for   retirement, 
shall  have  been  spent  in  the  public  schools  of  this  state,  shall, 
upon  and  during  retirement  from  actual  service  as  a  teacher, 
on  or  after  December  one,  nineteen  hundred  fifteen,  be  en- 
titled to  an  annuity  which  bears  the  same  ratio  to  the  an- 
nuity provided  for  on  retirement  after  thirty  years  of  service 
as  the  total  number  of  years  of  service  of  said  person  bears 
to  thirty  years.    A  teacher  who,  having  taught  in  the  public 
schools  of  this  state  for  a  period  or  periods  aggregating  fif- 
teen years  or  more  and  being  in  the  judgment  of  the  employ- 
ing board  either  physically  or  mentally  incapable  of  teaching, 
is  deemed  deserving  of  an  annuity  by  the  retirement  fuml 
board,  may  be  retired,  and  shall,  upon  retirement,  be  entitled 
to  an  annuity  of  as  many  thirtieths  of  the  full  annuity  here- 
in provided  after  thirty  years'  service  as  said  teacher  has 
taught  years  in  the  public  schools  of  this  state.     The  time 
spent  in  teaching  in  any  public  institution  of  this  state  shall, 
for  the  purposes  of  this  section,  count  as  part  of  the  aggre- 
gate time  of  teaching:    Provided,  That  the  last  five  years  of 
service  shall  have  been  that  of  a  teacher  as  defined  by  this 


GENERAL  SCHOOL  LAWS.  157 

act.     Retirement  may  be  had  on  request  of  the  teacher  or  Retirement, 
upon  the  request  of  a  board  of  education  or  other  governing  how  had- 
body  of  a  school  district.     Request  for  retirement  shall  be  Request, 
made  in  writing  addressed  to  the  retirement  fund  board,  ac- 
companied by  evidence  showing  that  the  teacher  named  is 
entitled  to  retirement,  and  has  complied  with  the  provisions 
of  this  act,  and  the  rules  of  the  board  relating  to  the  pay- 
ment of  annuities.     The  board  shall  pass  upon  all  requests  Determina- 
for  retirement   and   shall   determine   whether  such   requests^oTrd7 
should  be  granted.    In  computing  terms  of  service  under  this  what  deemed 
act,  a  year  shall  be  a  legal  school  year  at  the  time  and  place  yea 
where  said   service   was  rendered,   except  that  the  time  of 
service  outside  the  state  shall  be  reckoned  by  the  number 
of  years  that  the  number  of  weeks  taught  would  make  of 
legal  school  years  in  this  state. 

(321)  SEC.  9.     1.     No  teacher  shall  be  entitled    to    an  who  not 
annuity  who  has  not  contributed  to  the  retirement  fund  an  |£nuity.to 
amount  equal  to  at  least  one  hundred  per  centum  of  his  or 

or  her  annuity  for  one  year.  But  a  teacher  otherwise  entitled  {•*JJJIJJay 
to  retirement  and  to  an  annuity  under  this  act,  may  become  annuitant. 
an  annuitant  and  entitled  to  an  annuity  by  making  a  cash 
payment  to  the  retirement  fund  of  an  amount  which  when 
added  to  his  or  her  previous  contributions  to  said  fund,  will 
equal  one  hundred  per  centum  of  his  or  her  annuity  for  one 
year,  or  if  unable  to  pay  in  advance  the  sum  required  to 
make  up  the  said  one  hundred  per  centum  of  the  yearly 
annuity,  by  authorizing  the  withholding  of  such  annuity  un- 
til the  amount  withheld  shall  equal  the  sum  required  to  make 
up  said  one  hundred  per  centum.  The  amount  so  withheld 
shall  be  credited  to  said  retirement  fund. 

2.  Annuities  shall  be  paid  quarterly  to  the  teachers  en-  Annuities 
titled  thereto,  upon  the  warrants  or  orders  of  the  retirement  JuarteSy. 
fund  board.     Vouchers  or  receipts  therefor  shall  be  signed 

in  duplicate  by  annuitants.    Said  duplicate  receipts  shall  be  Duplicate 

-»    i       11  »  ,1       i  -t  -i  «  j-i  in  vouchers. 

returned  to  the  secretary  of  the  board,  and  one  of  them  shall 
be  retained  in  his  office  and  the  other  shall  be  filed  in  the 
office  of  the  state  treasurer. 

3.  Each  annuity  shall  date  from  the  time  when  the  retire-  Date  of 
ment  fund  board  shall  grant  the  application  for  the  retire- a 
ment  of  the  annuitant. 

(322)  SEC.  10.     Any  teacher  who  shall  cease  to  teach  in  Ration  of 
the  public  schools  of  this  state  before  receiving  any  annuity 

from  the  retirement  fund,  shall,  if  application  be  made  in  writ- 
ing to  the  retirement  fund  board  within  four  months  after  the 
date  of  such  cessation,  be  entitled  to  the  return  of  one-half  of 
the  amount,  without  interest,  which  shall  have  been  paid  in- 
to the  fund  by  such  teacher.     If  such  teacher  should  again  Return  to 
thereafter  teach  in  said  public  schools,  he  or  she  shall,  within  e 
one  year  from  the  date  of  his  or  her  return  to  the  service  iu 
said    public   schools,   return    to    the     retirement    fund    the 


158 


STATE    OP    MICHIGAN. 


Resumption 
of  teaching. 


Definition 
of  "teacher.' 


Others 
included. 


amount  so  returned  to  such  teacher,  together  with  simple 
interest  on  said  amount  at  the  rate  of  five  per  centum  per 
annum,  for  the  time  such  amount  was  withdrawn  from  the 
fund. 

(323)  SEC.  11.    If  any  person  retiring  under  this  act  shall 
resume  teaching  in  this  state  or  elsewhere,  the  annuity  paid 
to  such  person  shall  cease  during  the  time  of  teaching,  but 
shall  again  be  paid  after  a  subsequent  retirement. 

(324)  SEC.  12.     The  term  "teacher"  as  used  in    this    act 
shall  include  all  persons  employed  in  teaching  by  any  city 
board  of  education  or  school  board  of  any  city,  town,  village 
or  rural  school  district  in  this  state,  and  all  superintendents 
and  assistant  superintendents  of  said  schools,  all  supervisors 
of  instruction,  all  principals  and  assistant  principals,    and 
special  teachers  of  said  schools.     It  shall    include    county 
school   commissioners,  county  normal  teachers,  the  superin- 
tendent of  public  instruction  and  his  deputies.     It  shall  in- 
clude all  persons  employed  in  teaching  or  educational  work 
in  the    following    public    institutions:     Industrial   home   for 
girls,    industrial    home    for    boys,    Michigan  employment  in- 
stitution for  the  blind,  school  for  the  blind,    school    for   the 
deaf   and    state   public    school    and    state    normal    colleges 
and  normal  schools.     The  words  "retirement  fund"  as  used 
in  this  act  shall  mean  the  Michigan  state  teachers'  retire- 
ment fund  for  public  school  teachers  as  established  by  this 
act. 

(325)  SEC.  13.     There  is  hereby  established  the  Michigan 
state  teachers'  retirement  fund  for  public    school    teachers, 
which  shall  consist  of 

(1)  All  contributions  made  by  teachers    as    herein    pro- 
vided ; 

(2)  All  donations,  gifts,  legacies  and  bequests  which  shall 
be  made  to  establish  a  permanent  fund,  of  which  the  income 
but  not  the  principal  shall  be  used  for  the  purposes  hereof; 

(3)  The  income  derived  from  the  investment  of  said  per- 
manent fund. 

(326)  SEC.   14.     This  act  shall  not  apply  to  any  school 
district  wherein  public  school  teachers  are  required  or  au- 
thorized to  contribute  to  a  teachers'  retirement  fund,  or  in 
which  such  teacher?  are   entitled  to  annuities  or  pensions, 
in  accordance  with  any  special  or  local  act:    Provided,  how- 
ever, That  any  school  district,  now  having  a  local  teachers' 
retirement   fund  may,  upon   request    of    two-thirds    of    the 
teachers  contributing  to  said  fund,  by  a  majority  vote  of  the 
qualified  electors  of  said    school    district,    discontinue    said 
fund,  and  then  the  provisions  of  this  act  shall  apply  to  such 
district  in  like  manner  as  to  other  districts    of    the    state. 
Thereupon  all  funds  held  for  the  purpose  of  such  local  re- 
tirement or  annuity  fund,   after  payment  of  any  outstand- 
ing obligations  other  than  annuities,  shall  be  paid  into  the 


"Retirement 

fund" 

defined. 


Of  what  fund 
to  consist. 


Act  not  to 
apply. 


Proviso, 
when  to 
apply. 


GENERAL  SCHOOL  LAWS.  159 

state  treasury  and  credited  to  the  permanent  retirement  fund 
herein  provided  for.  All  persons  who  previously  to  such  de- 
termination by  the  state  retirement  fund  board  have  be- 
come entitled  to  annuity  from  such  local  fund,  shall  become 
annuitants  under  this  act  and  shall  receive  the  same  maxi- 
mum amount  thereafter  that  they  would  have  received  from 
such  local  fund,  and  the  teachers  of  such  district  shall  con- 
tribute thereafter  to  the  state  retirement  fund,  as  is  provided 
in  section  six  of  this  act,  and  shall  be  entitled  to  the  same- 
rights  and  privileges  hereunder  and  be  subject  to  the  same 
duties  and  obligations  as  are  the  teachers  of  other  dis- 
tricts. 


STATE  ACCOUNTS. 

An  Act  to  provide  for  the  safe  keeping  of  public  moneys. 
[Act  131,   P.   A.   1875.] 

The  People  of  the  State  of  Michigan  enact: 
.(327)      §  1197.     SECTION  1.     That  all  moneys  which  shall 


come  into  the  hands  of  any  officer  of  the  state,  or  of  any  . 

officer  of  any  county,  or  of  any  township,  school  district, 
highway  district,  city  or  village,  or  of  any  other  municipal 
or  public  corporation  within  this  state,  pursuant  to  any  pro- 
vision of  law  authorizing  such  officer  to  receive  the  same, 
shall  be  denominated  public  moneys  within  the  meaning  of 
this  act. 

See  Fire  and  Water  Commrs.  v.  Wilkinson,  119  /  659. 

As   to   county   treasurers,    see  Perley   v.   Muskegon   Co.,    32  /  132.      See   also 
section  2539,  C.  L.  1897,  and  notes. 

(328)  .§  1198.     SEC.  2.     It  shall  be  the  duty  of  every  offi-  Pubiicmoneys 
cer  charged  with  the  receiving,  keeping,  or  disbursing  of  pub-  separatePfrom 
lie  moneys  to  keep  the  same  separate  and  apart  from  his  own 

money,  and  he  shall  not  commingle  the  same  with  his  own 
money,  nor  with  the  money  of  any  other  person,  firm  or  cor- 
poration. 

(329)  §  1199.     SEC.  3.     No  such  officer  shall,  under  any  HOW  used. 
pretext,  use,  nor  allow  to  be  used,  any  such  moneys  for  any 
purpose  other  than  in  accordance  with  the  provisions  of  law; 

nor  shall  he  use  the  same  for  his  own  private  use,  nor  loan 
the  same  to  any  person,  firm,  or  corporation  without  legal 
authority  so  to  do. 

(330)  §  1200.     SEC.  4.    In  all  cases  where  public  moneys  interest  on 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned  to  constitute78 
to  any  individual,  firm,  or  corporation,  for  interest,  the  inter- 

est  accruing  upon  such  public  moneys  shall  belong  to  and 


160 


STATE    OF   MICHIGAN. 


constitute  a  general  fund  of  the  state,  county,  or  other  public 
or  municipal  corporation,  as  the  case  may  be. 

(331)  §  1201.     SEC.  5.     In  no  case  shall  any  such  officer, 
directly  or  indirectly,  receive  any  pecuniary  or  valuable  con- 
sideration as  an  inducement  for  the  deposit  of  any  public- 
moneys  with  any  particular  bank,  person,  firm,  or  corpora- 
tion. 

(332)  §  1202.     SEC.  6.     The  provisions  of  this    act    shall 
apply  to  all  deputies  of  such  officer  or  officers,  and  to  all 
clerks,  agents,  and  servants  of  such  officer  or  officers. 

(333)  §  1203.     SEC.  7.     Any  person  guilty  of  a  violation 
of  any  of  the  provisions  of  this  act  shall,  on  conviction  there- 
of, be  punished  by  a  fine  not  exceeding  one  thousand  dollars, 
or  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court:     Provided,  That  nothing  in  this  act  contained  shall 
prevent  a  prosecution  under  the  general  statute  for  embezzle- 
ment in  cases  where  the  facts  warrant  a  prosecution  under 
such  general  statute. 

(334)  §  1204.     SEC.  8.     Any  officer  who  shall  wilfully  or 
corruptly  draw  or  issue  any  warrant,  order,  or  certificate  for 
the  payment  of  money  in  excess  of  the  amount  authorized  by 
law,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
the  preceding  section. 


Officers  not  to 
receive  con- 
sideration for 
deposits  of 
money. 


Provisions 
of  act  to 
apply  to 
deputies,  etc. 

Penalty  for 
violating 
provisions 
of  act. 


Proviso. 


Penalty  for 
illegal  pay- 
ment of 
money. 


Damage 
certificates, 
examination 
of,  etc. 


Proportion- 
ate 
of  c 


ate  payment 


REGULATIONS  RELATIVE  TO  DOGS  AND  SHEEP. 

(From  this  chapter  is  quoted  only  the  section  relating  to  the  apportion- 
ment of  the  surplus  dog  tax  to  school  districts.) 

[Act  48,   P.   A.    1901.] 

(335)  SEC.  6.  At  the  annual  meeting  of  the  township 
board  in  each  year,  and  at  a  meeting  of  the  common  council 
of  each  city  in  April  of  each  year,  the  said  board  or  council, 
as  the  case  may  be,  shall  examine  all  certificates  of  damage 
filed  by  the  clerk  as  aforesaid,  during  the  preceding  year, 
and  if  satisfied  that  in  any  case  or  cases,  the  certified  dam- 
ages are  excessive,  they  may  reduce  the  same  to  such  amount 
as  they  may  deem  just,  and  may  order  the  payment  of  all 
such  loss  as  they  may  consider  just  out  of  the  fund  afore- 
said, if  it  be  sufficient  for  that  purpose,  and  if  not  sufficient, 
they  may  order  a  proportionate  payment  of  each  claim.  If 
the  money  in  the  fund  aforesaid  shall  not  be  sufficient  to  pay 
all  claims  in  full  the  balances  on  said  claims  remaining  un- 
paid shall  stand  as  claims  against  the  aforesaid  fund  at  the 
succeeding  annual  meetings  of  said  board,  or  said  council,  as 


GENERAL  SCHOOL  LAWS.  161 

the  case  may  be,  until  said  claims  are  paid  in  full,  and  the 
claims  filed  each  year  shall  take  priority  over  claims  of  suc- 
ceeding years  until  they  have  been  paid  in  full,  those  claims 
of  each  year  being  paid  in  full  or  by  a  proportionate  pay- 
ment, as  the  state  of  said  fund  will  permit.  If  money  re-  Apportion- 
mains  of  such  fund  after  satisfactory  payment  of  all  claims 
aforesaid  in  any  one  year,  over  and  above  the  sum  of  one 
hundred  dollars,  it  shall  be  apportioned  among  the  several  ___ 
school  districts  of  such  township  or  city  in  proportion  to  the 
number  of  children  therein  of  school  age,  unless  the  town- 
ship board  or  the  city  council  shall  determine  to  retain  an  Amount 
amount  of  such  money  so  remaining  not  to  exceed  three  hun-  may  retam 
dred  dollars,  in  which  case  only  the  amount  over  and  above 
the  sum  so  determined  shall  be  so  apportioned :  Provided,  Proviso. 
That  no  payment  of  loss  shall  be  made  as  provided  for  in 
this  section,  unless  the  party  applying  for  the  same  shall 
make  it  appear  to  the  satisfaction  of  the  township  board  or 
common  council  that  he  has  made  all  due  efforts  and  has  not 
been  able  to  obtain  satisfaction  therefor  from  the  owner  or 
owners  of  the  dog  or  dogs  which  shall  have  done  the  damage, 
or  shall  make  it  appear  that  he  is  unable  to  ascertain  who 
are  the  owners  or  who  is  the  owner  of  said  dog  or  dogs. 

Am.  1907,  Acts  43  and  331. 

EXPLANATORY  NOTE  BY  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION :  The  apportionment  must  be  based  upon  the  whole  number  of  chil- 
dren of  school  age  residing  in  the  township,  and  include  all  districts  whether 
lying  wholly  or  partly  in  such  township.  In  case  of  a  fractional  district  in 
which  the  schoolhouse  is  situated  in  a  different  township,  the  money  be- 
longing to  such  district  must  be  paid  over  to  the  treasurer  of  the  township 
in  which  the  schoolhouse  is  situated,  and  by  that  treasurer  paid  to  the  dis- 
trict in  the  same  way  as  in  the  case  of  the  one-mill  and  other  taxes. 


STATE  BOARD  OF  EDUCATION. 

An  Act  to  revise  and  consolidate  the  laws  relative  to  the  state  board  of 

education. 

[Act   194,   P.   A.   1889.] 

The  People  of  the  State  of  Michigan  enact: 

(336)     §  1812.     SECTION  1.     That  for  the  purpose  of  ren-  TO  be  a  body 
dering  more  efficient  their  organization,  and  to  enable  them.corpor 
more  fully  to  carry  into  effect  the  provisions  of  the  constitu- 
tion relative  thereto,  the  state  board  of  education  shall  be 
and  they  are  constituted  a  body  politic  and  corporate,  and 
are  hereby  empowered  to  purchase,  have,  hold,  possess  and  TO  hold  prop- 
enjoy  to  themselves  and  their  successors,  all  the  lands,  tene 
ments,   hereditaments,   goods,   chattels  and   effects   of  every etc- 
kind  now  belonging  to  the  state  normal  school  or  that  may 
hereafter  be  acquired  by  the  same;  and  the  same  to  grant, 

21 


162 


STATE    OP    MICHIGAN. 


alien,  invest,  sell  and  dispose  of;  to  sue  and  [to]  be  sued, 
plead  and  be  impleaded,  in  all  the  courts  in  this  state;  to 
have  and  to  use  a  'seal,  and  the  same  to  change,  alter  and  re- 
new at  pleasure,  and  to  make  such  by-laws  and  regulations 
as  they  may  deem  proper  for  the  government  and  conduct  of 
said  [board]  and  for  the  transaction  of  its  business:  Pro- 
vided, The  same  be  not  repugnant  to  the  constitution  or  laws 
of  this  state  or  of  the  United  States :  Provided  further,  That 
said  corporation  shall  be  subject  to  the  provisions  of  chapter 
fifty -five  of  the  revised  statutes  of  eighteen  hundred  and 
forty-six,  so  far  as  the  same  can  apply,  and  are  not  inconsist- 
ent with  the  provisions  of  this  act. 

Chapter  55  of  the  revised  statutes  of  1846  contains  the  "general  provisions 
relating  to  corporations"  and  will  be  found  in  chapter  230,  sections  8527-51, 
compiled  laws  of  1897.  See  acts  138  and  178  of  1849,  establishing  a  state 
normal  school. 


Proviso. 


Further 
proviso. 


Power  of 
board. 


Quorum. 
Processes. 


Of  th€ 

normal 

school. 


Proviso. 


Members  not 
to  act  as 
agent  for 
publishers, 
etc. 


Course  of 
study,  train- 
ing school, 
etc. 


Certificate  to 
teach,  when 
granted,  term 
of,  etc. 


(337)  §  1813.     SEC.  2.     Said  board  shall  have  power  to 
transact  all  necessary  business  at  any  meeting,  a  quorum  be- 
ing present.     Said  board  shall  make  and  provide  such  by- 
laws and  regulations  for  the  conduct  of  its  business  as  it 
shall  deem  proper.     A  quorum    of    said    board  shall  consist 
of  a  majority  of  its  members.  All  processes  against  said  board 
of  education  shall  be  served  on  the  president  or  secretary 
thereof. 

(338)  §  1814.     SEC.  3.     The    state    board    of   education 
shall  continue  the  normal  school  at  Ypsilanti  in  the  county  of 
Washtenaw,  where  it  is  now  located.     The  purpose  of  the 
normal  school  shall  be  the  instruction  of  persons  in  the  art  of 
teaching,  and  in  all  the  various  branches  pertaining  to  the 
public   schools   of  the  state  of  Michigan:     Provided,  There 
shall  be  prescribed  for  said  school  a  course  of  study  intended 
specially  to  prepare  students  for  the  rural  and  the  elementary 
[graded]   schools  of  the  state,  which  shall  provide  not  less 
than  twenty  weeks  of  special  professional  instruction. 

(339)  §  1815.     SEC.  4.    No  member  of  said  board  of  edu- 
cation shall,  during  his  continuance  in  office,  act  as  the  agent 
of    any    publisher    or    publishers  of  school  books  or  school 
library  books,  or  be  or  become  interested  in  the  publication 
or  sale  of  any  such  book  or  books  as  agent  or  otherwise. 

(340)  §  1816.    SEC.  5.   Said  board  shall  provide  all  neces- 
sary courses  of  study  to  be  pursued  in  the  normal  school  and 
establish  and  maintain  in  connection  therewith  a  fully  equip- 
"ped  training  school  as  a  school  of  observation  and  practice, 
and  shall  grant,  upon  the  completion  of  either  of  said  courses, 
such  diploma  as  it  may  deem  best,  and  such  diploma  when 
granted  shall  carry  with  it  such  honors  as  the  extent  of  the 
course  for  which  the  diploma  is  given  may  warrant  and  said 
board  of  education  may  direct. 

(341)  §  1817.    SEC.  6.    Upon  the  completion  of  the  course 
specially  prescribed  as  hereinbefore  provided  for  the  rural 
and  elementary  graded  schools,  said  board  of  education  shall, 


GENERAL  SCHOOL  LAWS.  163 


upon  the  recommendation  of  the  principal  and  a  majority  of 
the  heads  of  the  departments  of  said  school,  grant  a  certifi 
cate  which  shall  be  signed  by  said  board  and  the  principal  of 
the  normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which 
said  course  has  been  provided  for  a  period  of  five  years:   Pro-  Proviso. 
vided,  That  said  certificate  may  be  suspended  or  revoked  by- 
said  state  board  of  education    upon    cause    shown  by  any 
county  board  of  examination,  or  by  any  board    of    school 
officers. 

(342)  §  1818.     SEC.  7.     Upon  the  completion  of  either  of  wfecertm- 
the  advanced  courses  of  study  prescribed  by  said  state  board,  gra?ted,hetc. 
which  shall  require  not  less  than  four  years  for  their  comple- 
tion, said  board  of  education,  upon  the  recommendation  of 

the  principal  and  a  majority  of  the  heads  of  the  departments 
of  said  school,  shall  issue  a  certificate  to  the  person  complet 
ing  said  course,  which  certificate  shall  be  referred  to  in  the 
diploma  hereinbefore  provided  to  be  granted.    Said  certificate  May  be 
shall  set  forth  a  list  of  the  studies  of  the  course  completed  revok 
and,  when  given,  shall  operate  as  a  life  certificate,  unless  re- 
voked by  said  state  board  of  education. 

(343)  §  1819.     SEC.  8.       The   board    of    education    shall  Admission 
make  such  regulations  for  the  admission  of  pupils  to  said  °  pui 
school  as  it  shall  deem  necessary  and  proper :   Provided,  That  Proviso, 
the  applicant  shall,  before  admission,  sign  a  declaration  of 
intention  to  teach  in  the  schools  in  this  state. 

(344)  §  1820.     SEC.  9.     Said  board  of  education  shall  ap-  TO  appoint 
point  each  year  three  visitors  whose  duty  it  shall  be  to  ex-  JSrf'of.'etc. 
amine  thoroughly  into  the  affairs  of  the  normal  school  and 

report  their  views  with  regard  to  its  condition  and  any  other 
matters  they  may  judge  expedient,  to  the  said  board  of  educa 
tion,  which  report  shall  be  incorporated  in  the  report  of  the 
superintendent  of  public  instruction  and  in  the  report  of  said 
board  of  education  to  be  made  to  the  legislature  as  herein- 
after provided.     Said  visitors  shall  receive  two  dollars  per 
day  for  time  actually  spent  in  visitation  and  also  their  actual 
traveling  expenses,  to  be  paid  out  of  the  funds  of  said  board : 
Provided,  That  not  more  than  two  visits  shall  be  made  by  Proviso, 
any  board  of  visitors. 

(345)  §  1821.     SEC.  10.    Said   board   of   education    shall  Report  of  " 
make  to  the  legislature,  at  every  regular  session  thereof,  a  re-  tents  of,°etc. 
port  setting  forth: 

First,   The  work  done  by  the  school  since  the  last  report; 

Second,   The  [need]  needs  and  requirements  of  the  school; 

Third,  A  report  of  the  principal  of  the  school,  concerning 
such  matters  pertaining  to  the  school  as  have  been  under  his 
immediate  direction  and  control,  and  such  recommendations 
as  he  may  deem  desirable  to  make  to  the  board;  and 

Fourth,    A    financial    statement,    showing    in    detail    the 


164 


STATE    OF    MICHIGAN. 


moneys  received  and  expended,  with  an  itemized  statement 
of  receipts  and  expenditures,  as  near  as  may  be. 

howaSectred;         (346)     §  1822-    SEC-  1L    The  board  sha11  elect  a  treasurer. 

bond,  amount  who  shall  furnish  bonds  with  two  sureties,  or  a  surety  bond 
from  any  surety  company  authorized  by  the  laws  of  this  state 
to  execute  same,  in  the  penal  sum  of  not  less  than  forty 
thousand  dollars,  conditioned  for  the  faithful  discharge  of 

Cost  of  bond,  his  duties.  Whenever  the  treasurer  shall  furnish  a  surety 
bond  which  shall  be  approved  by  the  board,  the  cost  thereof 
not  exceeding  one-half  per  centum  per  annum  shall  be  paid 
out  of  the  treasury  of  the  state  of  Michigan  upon  the  warrant 
of  the  proper  officer  after  being  first  allowed  by  the  board  of 
s*ate  auditors.  Such  treasurer  shall  receive  such  compensa- 
tion as  to  the  board  may  seem  just. 

Am.  1909,  Act  224. 


(347)  §  1823.  SEC.  12.  The  ten  sections  of  salt  spring 
of,  etc  lands  located  by  the  board  of  education  under  the  provisions 
of  sections  fifteen  and  sixteen  of  "An  act  to  establish  a  state 
normal  school,"  approved  March  twenty-eighth,  eighteen  hun^ 
dred  and  forty-nine,  together  with  the  fifteen  sections  of  said 
salt  spring  lands  located  under  the  provisions  of  section  six- 
teen of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
gress or  received  or  set  apart  in  any  manner  in  lieu  of  any 
portion  of  said  land,  to  which  the  title  may  prove  insufficient, 
and  all  donations,  in  land  or  otherwise,  to  the  state  in  trust 
or  to  the  board  of  education  for  the  support  of  a  normal 
school,  shall  constitute  a  fund  to  be  called  the  normal  school 
endowment  fund,  and  shall  be  reserved  from  sale  until  the 
same  shall  be  appraised.  The  minimum  price  of  said  lands 
shall  be  four  dollars  per  acre,  and  it  shall  be  the  duty  of  the 
officer  authorized  to  sell  said  lands,  to  cause  the  same  to  be 
appraised  as  soon  as  practicable,  in  the  manner  provided  for 
the  appraisal  of  other  lands  ;  none  of  said  lands  shall  be  sold 
for  less  than  the  minimum  price  fixed  by  law.  It  shall  not  be 
necessary  to  appraise  any  of  said  lands  which  have  hereto- 
fore been  appraised  under  existing  provisions  of  law;  and 
the  proceeds  of  sales  of  any  of  said  lands  heretofore  ap- 
praised and  sold  shall  constitute  a  part  of  the  fund  herein 
provided.  After  such  appraisal,  such  land  shall  be  and  re- 
main subject  to  sale  at  the  state  land  office  as  is  now,  or 
shall  be  hereafter,  provided  by  law,  and  the  principal  shall  be 
and  remain  a  perpetual  fund  for  the  use  of  said  institution, 
except  as  herein  provided.  The  installments  of  principal  paid 
by  the  purchasers  shall  be  paid  into  the  state  treasury,  and 
the  interest  thereon  from  the  time  of  its  receipt,  or  from  the 
time  of  the  preceding  computation  of  interest  as  the  same 
may  be,  shall  be  computed  by  the  auditor  general  and  the 
state  treasurer  at  the  close  of  each  fiscal  year,  at  the  rate  of 
six  per  cent  per  annum,  and  together  with  all  interest  paid 


Minimum 


GENERAL,    SCHOOL   LAWS.  165 

by  purchasers  of  said  lands,  shall  be  passed  to  the  credit  of 
the  normal  school  interest  fund. 

(348)  §  1824.     SEC.  13.    The  normal  school  interest  fund,  Board  to 

. '  have  control 

and  any  moneys  which  may  be  from  time  to  time  appropri- of  funds,  etc. 
ated  for  the  purposes  of  the  said  normal  school,  shall  be 
under  the  direction  and  control  of  said  state  board  of  educa- 
tion, subject  to  the  provisions  herein  contained,  and  shall  be 
paid  to  the  treasurer  of  said  board  from  time  to  time  by  the 
state  treasurer  on  the  warrant  of  the  auditor  general  drawn^ 
upon  the  certificate  of  the  president  and  secretary  of  said 
board  of  education  that  said  money  is  needed.  No  such  war- 
rant shall  be  given  except  on  accounts  audited  and  allowed 
by  said  board,  covering  as  [nearly]  near  as  may  be  the 
amounts  previously  furnished :  Provided,  That  said  board,  Proviso, 
for  the  months  of  January,  February  and  March,  in  the 
years  in  which  the  regular  sessions  of  the  legislature  are  held, 
shall  draw  money  for  current  expenses  as  provided  in  section 
four  hundred  and  nineteen  of  Howell's  annotated  statutes. 

(349)  §  1825.     SEC.  14.    The  members  of  the  state  board  Compensation 
of  education  shall  receive  three  dollars  per    day    for    their of  board- 
actual  services,  and  also  their  necessary  traveling  and  other 
expenses,  to  be  paid  by  the  state  treasurer  out  of  the  general 

funds  in  the  manner  already  provided  by  law  for  the  payment 
of  the  accounts  of  boards  of  state  institutions. 

(350)  §  1826.    SEC.  15.    Said  board  shall  hold  at  least  one  Meeting  of 
meeting  each  year,  at  which  they  shall  examine  teachers,  and 

shall  grant  certificates  to  such  as  have  taught  in  the  schools 
of  the  state  at  least  two  years  and  who  shall,  upon  a  thorough 
and  critical  examination  in   every  study  required  for  such, 
certificate,  be  found  to  possess  eminent  scholarship,  ability 
and  good  moral  character.     Such  certificate  shall  be  signed  Certificate. 
by  the  members  of  said  board,  and  be  impressed  with  its  seal, 
and  shall  entitle  the  holder  to  teach  in  any  of  the  public 
schools  of  this  state  without  further  examination,  and  shall 
be  valid  for  life  unless  revoked  by  said  board.    No  certificate 
shall  be  granted  except  upon  the  examination    herein    pre- 
scribed :     Provided,  That  the  said  state  board  of  education  Proviso, 
may,    in   its   discretion,    indorse   state   teachers'    certificates  J3dcertataent 
granted  upon  examinations,  normal  school  diplomas  or  certifi-  certificates, 
cates,  or  other  state  certificates  granted  in  other  states,  if  it  be 
shown  to  the  satisfaction  of  said  board  that  such  certificates 
are  for  life  and  that  the  examinations  required  or  courses  of 
study  pursued  are  fully  equal  to  the  requirements  of  this 
state. 

Am.  1907,  Act  125 ;  1915,  Act  13. 

(351)  §  1827.    SEC.  16.    The  said  board  shall  examine  all  certain  text- 
text-books  in  physiology  and  hygiene  offered  for  use  in  the 

public  schools  of  this  state,  and  approve  those  only  which 
comply  with  the  law  relative  to  the  space  required  to  be  de- 


166 


STATE    OF    MICHIGAN. 


voted  to  the  consideration  of  the  nature  and  effects  of  al- 
coholic drinks  and  narcotics,  as  provided  in  act  one  hundred 
and  sixty-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven.  It  shall  also  be  the  duty  of  «said  board  to  dis- 
tribute to  the  various  educational  institutions  of  the  state 
such  specimens  of  copper,  iron  and  other  ores  and  rocks  pre- 
scribed for  such  distribution  under  the  provisions  of  section 
three  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,  being  compiler's  section  eight  hundred  and 
forty-one  of  HowelPs  annotated  statutes. 

The  act  of  1887  referred  to  is  act  165,  Instead  of  164.  It  amends  section 
15,  Ch.  3  of  the  general  laws  of  1881  relative  to  public  instruction  and  will 
be  found  in  section  61  of  this  compilation. 


Disposition 
of  insurance 
moneys,  etc. 


Certificate 
filed  with 
county  com- 
missioner. 


(352)  §  1828.     SEC.  17.     All  insurance  moneys  or  means 
collected,  received  or  made  available  at  any  time,  from  poli- 
cies of  insurance,  or  by  reason  of  insurance  policies  upon  the 
said  normal  school  buildings  and  property  shall  be  and  the 
same  are  hereby  designated  and  set  apart  as  a  fund  or  means 
for  rebuilding  and  refurnishing  the  said  buildings. 

(353)  §  1828-a.     SEC.  18.     Any  person  holding  a  certifi- 
cate issued  or  approved  by  the  authority  of  the  state  board 
of  education,  desiring  to  teach  in  any  school  under  the  juris- 
diction of  a  county  commissioner  of    schools    shall    file   the 
said  certificate,  or  a  copy  of  the  same,  in  the  office  of  the  com- 
missioner of  schools  in  the  county  in  which  he  or  she  desires 
to  teach. 

Added  1901,  Act  155. 


Central 
Michigan 
normal  school 
established. 


State  board 
of  education 
to  procure 
deed  of  con- 
veyance, etc. 


NORMAL  SCHOOLS. 

An  Act  to  establish  a  normal  school  in  central  Michigan. 

[Act  261,   P.   A.   1895.] 

• 

The  People  of  the  State  of  Michigan  enact: 

(354)  §  1829.     SECTION  1.     That  a  normal  school  for  the 
preparation  and  training  of  persons  for  teaching  in  the  rural 
district  schools,  and  the  primary  departments  of  the  graded 
schools  of  the  state,  to  be  known  as  "Central  Michigan  Nor- 
mal School,"  be  established    and    continued    at    the  city  of 
Mount  Pleasant  in  Isabella  county,  to  be  located  upon  block 
ten   of  the  normal   school   addition  to  said   city,  known   as 
"normal  campus,"  and  being  a  block  of  land  in  area  between 
eight  and  ten  acres. 

(355)  §  1830.     SEC.  2.     The  state  board  of  education  is 
hereby  authorized  and  directed  to  procure  a  good  and  suf- 
ficient deed  of  conveyance,  to  be  accompanied  with  abstract 
of  title  and  tax  history,  to  be  approved  by  the  attorney  gen- 


GENERAL    SCHOOL   LAWS.  167 

eral,  conveying  to  the  said  board  of  education  and  its  suc- 
cessors a  good  and  unincumbered  title  in  fee  simple  to  said 
lands  and  buildings  thereon,  for  such  school,  and  a  proper 
article  of  sale  of  all  the  library,  school  furniture  and  ap- 
paratus therein,  said  lands  and  buildings  and  personal  prop- 
erty to  be  donated  to  the  state  of  Michigan,  in  consideration 
of  the  establishment  of  said  school,  and  to  be  conveyed 
within  thirty  days  after  the  passage  of  this  act. 

(356)      §  1831.     SEC.  3.     Said  school  shall  be  under  andj^oouo^ 
subject  to  the  control  of  the  state  board  of  education,  aecord-of  steate01 
ing  to  the  provisions  of  act  number  one  hundred  ninety-four  educat?on. 
of  the  public  acts  of  eighteen  hundred  and  eighty-nine,  of 
Michigan,   entitled   "An   act   to   revise  and   consolidate   the 
laws  relative  to  the  state  board  of  education,  and  amend- 
ments thereto/'  which  is  made  applicable  to  this  school,  ex- 
cept as  herein  otherwise  provided. 

The  act  referred  to  immediately  precedes  this.     See  sections  336-353. 


An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School" 
to  "Michigan  State  Normal  College." 

[Act   52,   P.   A.    1899.] 

The  People  of  the  State  of  Michigan  enact: 

(357)     SECTION  1.    The  institution  now  known  and  desig- change  name 
nated  under  the  name  and  style  of  "Michigan  State  Normal  sc 
School"   shall   hereafter  be  known   as  the  "Michigan    State 
Normal  College.'7 

Sec.  2,  repealing  clause. 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
normal  school  at  Marquette,  in  the  upper  peninsula  of  this  state, 
and  to  make  an  appropriation  for  the  same. 

[Act  61,  P.  A.   1899.] 

The  People  of  the  State  of  Michigan  enact: 

(358)  SECTION  1.     That  a  normal  school  shall  be  located  Name  of 
at  Marquette,    to    be    known    as  the  northern  state  normal sc 
school,  for  the  purpose  of  instructing  persons  in  the  several  Purpose, 
branches  pertaining  to  a  public  school  education,  and  in  the 
science  and  the  art  of  teaching  the  same. 

(359)  SEC.  2.     The  state  board  of  education    is    hereby  selection 
authorized  to  procure  a  suitable  site  for  the  grounds  and  of  site> 
buildings  for  said  normal  school,  which  site  shall  consist  of 


168 


STATE    OF    MICHIGAN. 


Area  and 
location. 


Deed  or 
conveyance. 


at  least  twenty  acres  of  land,  located  within  one  and  one-half 
miles  of  the  present  location  of  the  postoffice  in  said  city  of 
Marquette.  Said  state  board  of  education  shall  pay  for  such 
site  a  sum  not  exceeding  one  dollar,  which  sum  is  hereby  ap- 
propriated for  the  use  of  said  state  board  of  education  out 
of  any  moneys  in  the  treasury  not  otherwise  appropriated,  to 
be  drawn  on  the  requisition  of  said  state  board  of  education 
and  the  warrant  of  the  auditor  general,  as  the  moneys  and 
appropriations  are  drawn.  Said  state  board  of  education 
shall  procure  good  and  sufficient  deed  or  conveyance  of  such 
site  and  grounds,  and  have  the  title  for  the  same  duly 
recorded.  When  so  recorded,  the  said  deed  of  conveyance, 
with  an  abstract  of  title  showing  a  clear  and  unincumbered 
title,  and  all  papers  relating  thereto  shall  'be  deposited  in 
the  office  of  the  auditor  general. 

Sections  3,  4  and  5  provided  appropriations  for  buildings  and  maintenance 
of  the  school. 

control  of  (360)      SEC.  6.     The  said    northern    state    normal    school 

shall  be  under  and  subject  to  the  control  of  the  state  board 
of  education,  according  to  the  provisions  of  act  number  one 
hundred  ninety-four  of  the  public  acts  of  eighteen  hundred 
and  eighty-nine,  entitled  "An  act  to  revise  and  consolidate 
the  laws  relative  to  the  state  board  of  education,  and  amend- 
ments thereto,  also  according  to  the  provisions  of  act  num- 
ber one  hundred  and  seventy-five  of  the  public  acts  of  eight- 
een hundred  and  ninety-seven,  entitled  "An  act  to  fix  the  re- 
lation of  the  existing  normal  schools  of  the  state,"  which 
laws  are  made  applicable  to  the  school,  except  as  herein 
otherwise  provided. 


Name,  etc. 


Site,  how  and 
by  whom 
secured. 


An  Act  to  provide  for  the  locating,  establishing  and  maintaining  of 
a  state  normal  school  in  the  western  part  of  the  state,  to  make 
appropriations  therefor  and  to  provide  a  tax  to  meet  the  same. 

[Act  156,  P.  A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(361)  SECTION  1.    A  state  normal  school  shall  be  located, 
established  and  maintained  in  the  western  part  of  the  state, 
at  such  place  as  the  state  board  of  education  shall  designate, 
to  be  known  as  the  "Western  State  Normal  School,"  for  the 
preparation  and  training  of  persons  for  teaching  in  the  rural 
district  schools,  and  the  primary  departments  of  the  graded 
schools  of  the  state. 

(362)  SEC.  2.     The   state    board   of  education    is   hereby 
authorized  and   directed   to  procure  a   suitable  site  of  not 
less  than  twenty  acres  for  the    building    and    grounds    for 
said  normal  school.   Said  state  board  of  education  shall  pay 


GENERAL    SCHOOL   LAWS.  169 

for  such  site  a  sum  not  exceeding  one  dollar,  to  be  drawn  on 
the  requisition  of  said  state  board  of  education,  and  the  war- 
rant of  the  auditor  general,  as  other  moneys  and  appropria- 
tions are  drawn.  Said  state  board  of  education  shall  procure 
good  and  sufficient  deed  of  conveyance,  with  an  abstract  of 
the  title  thereto,  showing  a  clear  and  unencumbered  title, 
and  all  papers  relating  thereto  shall  be  deposited  in  the  office 
of  the  auditor  general.  The  sum  of  one  dollar  is  hereby  ap-  . 
propriated  for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  four,  for  the  purpose  of  carrying  out  the  provisions 
of  this  section. 

Sections  3  and  4  provided  appropriations  for  buildings  and  maintenance  of 
school. 

(363)  SEC.  5.  The  said  western  state  normal  school  g^°jj;n. 
shall  be  under  and  subject  to  the  control  of  the  state  board  trolled,  etc. 
of  education,  according  to  provisions  of  act  number  one  hun- 
dred ninety-four  of  the  public  acts  of  eighteen  hundred 
eighty-nine,  entitled  "An  act  to  revise  and  consolidate  the 
laws  relative  to  the  state  board  of  education,"  and  amend- 
ments thereto ;  also  according  to  the  provisions  of  act  number 
one  hundred  seventy-five  of  the  public  acts  of  eighteen  hun- 
dred ninety-seven,  entitled  "An  act  to  fix  the  relations  of  the 
existing  normal  schools  of  the  state,"  which  laws  are  made 
applicable  to  the  school  hereby  established  except  as  herein 
otherwise  provided. 

Sections  6  and  7  prescribed  manner  of  payment  of  appropriations,  and  tax 
clause. 


An  Act  to  provide  for  physical  training  in  the  state  normal  schools 
and  in  certain  city  districts. 

[Act   40,   P.    A.    1911.] 

The  People  of  the  State  of  Michigan  enact: 

(364)  SECTION  1.  Physical  training  shall  be  included  in  where 
the  branches  to  be  regularly  taught  in  public  schools  in  city  tau^ht 
school  districts  having  a  population  of  more  than  ten  thou- 
sand arid  in  the  state  normal  schools,  subject  to  such  rules 
and  regulations  as  the  superintendent  of  public  instruction 
may  prescribe,  and  it  shall  be  the  duty  of  the  boards  of  edu- 
cation  in  such  city  school  districts  and  of  the  state  board  of 
education  to  make  provisions  in  the  schools  and  institutions 
under  their  jurisdiction  for  the  introduction  of  a  systematic 
and  educational  course  of  physical  training;  to  engage  com- 
petent instructors;  to  provide  the  necessary  equipments;  to 
establish  and  conduct  same;  and  to  adopt  such  methods  as 
shall  adapt  the  same  to  the  capacity  of  the  pupils  in  the  vari- 


170 


STATE    OP    MICHIGAN. 


ous  grades  therein ;  and  other  boards  may  make  such  provi- 
sions. The  curriculum  in  all  normal  schools  of  this  state 
shall  contain  a  regular  teacher's  course  on  physical  educa- 
tion under  competent  jurisdiction. 


Powers  of 
board. 


Proviso. 


An  Act  to  authorize  and  require  the  state  board  of  education  to  pre- 
scribe courses  of  study,  issue  licenses  and  certificates  and  grant 
diplomas  and  degrees  in  connection  with  the  several  state  normal 
schools  of  the  state,  and  to  repeal  all  acts  and  parts  of  acts  in  any 
way  contravening  the  provisions  of  this  act. 

[Act  202,   P.   A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(365)  SECTION  1.  The  state  board  of  education  is  here- 
by authorized  and  required  to  prescribe  the  courses  of  study 
for  students,  to  grant  such  diplomas  and  degrees  and  issue 
such  licenses  and  certificates  to  graduates  of  the  several  nor- 
mal schools  of  the  state  as  said  state  board  of  education  shall 
determine :  Provided,  That  there  shall  always  be  maintained 
in  the  central  Michigan  and  western  normal  schools  a  de- 
partment especially  for  the  education  and  training  of  teach- 
ers for  the  rural  schools  of  the  state. 

NOTE. — The  foregoing  act  in  effect  repeals  Act  175  of  1897,  which  was  an 
act  authorizing  the  state  board  of  education  to  grant  certificates  and  main- 
tain uniformity  in  courses  of  stud^  in  the  normal  schools. 


Number 
that  may 
incorporate. 


LOAN  FUNDS  FOR  THE  BENEFIT  OF  STUDENTS. 

An  Act  to  provide  for  the  incorporation  of  associations  for  the  pur- 
pose of  establishing  loan-funds  for  the  benefit  of  school  scholars 
and  students  of  this  state,  to  assist  them  to  attend  the  university 
of  Michigan,  the  state  normal  college  at  Ypsilanti,  the  central 
Michigan  normal  school  at  Mt.  Pleasant,  the  Michigan  state  agri- 
cultural college  at  Lansing,  the  college  of  mines  at  Houghton,  or 
the  manual  training  schools  of  this  state. 

[Act  250,   P.   A.   1899.] 

The  People  of  the  State  of  Michigan  enact: 

(366)  SECTION  1.  Any  five  or  more  persons  of  full  age 
residing  in  the  state  of  Michigan  may  associate  and  incorpo- 
rate themselves  together  for  the  purpose  of  establishing  loan- 
funds  for  the  benefit  of  school  scholars  and  students  of  this 
state,  to  assist  them  to  attend  the  university  of  Michigan,  the 
state  normal  college  at  Ypsilanti,  the  central  Michigan  nor- 


GENERAL    SCHOOL    LAWS.  171 

mal  school  at  Mt.  Pleasant,  the  Michigan  state  agricultural 
college  at  Lansing,  the  Michigan  college  of  mines,  or  the 
manual  training  schools  of  this  state. 

(367)  SEC.  2.     Articles  of  association  shall  be  executed  Manner  of  in- 
in  duplicate,  by  the  persons    so    associating    themselves  to- c 

gether  in  the  first  instance,  and  shall  be  acknowledged  by 
them  before  some  person  authorized  by  the  laws  of  this  state 
to  take  acknowledgments  of  deeds,  one  of  which  duplicates 
shall  be  filed  and  recorded  in  the  office  of  the  secretary  of 
state,  and  a  record  shall  be  made  of  such  articles,  and  a  certi- 
fied copy  thereof  filed  in  the  clerk's  office  in  the  county  where 
such  society  is  formed.  Thereupon  the  persons  so  executing 
said  articles,  and  such  other  persons  as  may  thereafter,  ac- 
cording to  the  provisions  of  such  v  articles,  become  associated 
with  them  shall  become  and  be  a  body  politic  and  corporate, 
capable  of  being-  sued,  for  the  purpose  set  forth  in  such  , 
articles. 

(368)  SEC.  3.     The  articles  of  association  shall  contain :  Articles  of 

V-.  „  .  ,  .    , ,  association. 

First,  The  names  and  places  of  residence  of  the  persons 
associated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years; 

Third,   The  objects  for  which  it  was  organized ; 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
the  same,  and  the  names  of  such  trustees  or  managers  for  the 
first  year  of  its  existence. 

(369)  SEC.  4.     The  affairs  of  such  corporation    shall    be  General 

\  management. 

under  the  general  management  of  not  less  than  five  nor  more 
than  fifteen  trustees,  to  be  chosen  by  the  members  thereof, 
and  to  hold  office  for  some  time,  not  exceeding  five  years,  as 
shall  be  provided  by  the  articles  of  association ;  and  the  classification 

,.    ,  .    ..  • -,      n  i        >^       .•  .»   j T_     of  trustees. 

articles  of  association  may  provide  for  a  classification  of  the 
trustees  so  that  the  terms  of  office  of  the  several  classes  shall 
expire  at  different  times,  and  for  a  classification  of  the  mem- 
bers in  accordance  with  their  subscriptions  to  the  objects  for 
which  the  corporation  was  organized.  The  regular  officers 
of  such  corporation  shall  form  a  part  of  such  trustees.  The 
officers  may  be  chosen  by  the  trustees  or  the  members  of  the 
corporation,  as  the  articles  shall  prescribe.  The  by-laws  shall  By-laws. 
be  adopted  by  the  trustees,  who  may  change  them  at  pleas- 
ure. The  majority  of  the  trustees  shall  be  a  quorum  to  trans- 
act business.  The  articles  of  association  of  any  such  corpo-  Amendments, 
ration  may  be  amended  at  any  time  by  a  two-thirds  vote  of 
the  trustees.  Before  any  such  amendment  shall  take  effect,  a 
copy  of  the  resolution,  certified  by  the  secretary,  shall  be  filed 
in  the  office  of  the  secretary  of  state,  and  in  the  clerk's  office 
of  the  county  in  which  the  original  articles  are  filed. 

(370)  SEC.  5.    All  the  funds  received  by  any  corporation 
organized  under  this  act  shall  be  used,  after  paying  neces- 
sary expenses,  for  the  exclusive  purpose  or  purposes  set  fortli 


172 


STATE    OF   MICHIGAN. 


May  receive 
real  and 
personal 
estate. 


Proviso, 
may  specify 
kinds  of 
securities. 


in  the  articles  of  association.  And  no  portion  of  the  funds  of 
such  corporation  shall  be  used  or  contributed  toward  the 
erection,  completion  or  furnishing  of  any  building  not  owned 
or  used  by  such  corporation  for  the  purpose  or  purposes  set 
forth  in  its  articles  of  association.  Such  corporation  shall  in 
equity  and  law  be  capable  of  taking  and  receiving  real  and 
personal  estate,  either  by  purchase,  gift,  grant,  lease,  or  bar- 
gain and  sale,  devise  and  bequest,  not  exceeding  twenty-five 
thousand  dollars,  in  the  aggregate,  for  the  purpose  of  its  in- 
corporation, but  for  no  other  purpose,  and  it  shall  have 
power  to  invest  the  same  at  pleasure,  and  to  grant,  bargain, 
mortgage,  sell  or  lease  the  same  for  the  use  of  said  associa- 
tion; and  it  shall  be  lawful  to  invest  the  same  upon  mort- 
gage, or  in  or  by  loans  on  notes  or  bonds,  or  municipal, 
county,  state  or  United  States  securities;  or  deposit  the 
same  in  any  reliable  bank  on  interest;  but  no  loans  shall  be 
made  to  any  trustee  or  officer  of  such  corporation:  Pro- 
vided, That  any  such  corporation  may,  in  its  articles  of 
association,  specify  the  kinds  of  securities  in  which  its  funds 
shall  be  invested,  and  that  no  part  of  its  funds  shall  be  in- 
vested in  any  securities  other  than  those  named  in  its  arti- 
cles, or  when  the  securities  shall  not  be  specified  in  the 
articles  of  association,  then  such  funds  shall  only  be  invested 
in  such  securities  as  are  specified  in  this  act.  Such  corpo- 
ration shall  have  the  power  to  make  all  needful  rules  and 
regulations  and  by-laws  for  the  management  of  its  affairs, 
not  inconsistent  with  the  constitution  and  laws  of  this  state 
or  of  the  United  States. 

(371)  SEC.  6.    In  case  it  shall  at  any  time  happen  that  an 
election  of  officers,  directors  or  trustees  shall  not  be  made 
on  the  day  designated  by  the  articles  of  association  and  by- 
laws, said  corporation  for  that  cause  shall  not  be  dissolved, 
but  it  shall  and  may  be  lawful  on  any  other  day  to  hold  an 
election  of  officers,  directors  or  trustees,  in  .such  manner  as 
may.be  directed  by  the  articles  of  association  and  by-laws  of 
said  corporation. 

(372)  SEC.  7.     The    articles    of   association    filed    as    re- 
quired by  this  act,  or  a  copy  thereof  certified  by  the  officer 
with  whom  they  are  so  filed,  may  be  given  in  evidence  in  any 
court  of  this  state  for  or  against  said  corporation.    Said  cor- 
poration shall  possess  the  general  power  conferred  by    and 
subject  to  the  provisions  and    restrictions    of    chapter    two 
hundred  thirty  of  the  compiled  laws  of  the  state  of  Michigan 
of  eighteen  hundred  ninety-seven,  so  far  as  the  same  may  be 
applicable  to  corporations  formed  under  this  act. 


Election  of 
officers, 


Articles  may 
be  used  in 
court. 


General 
power  of  cor- 
poration. 


*    GENERAL    SCHOOL   LAWS.  *  173 


STATE  BOARD  OF  LIBRARY  COMMISSIONERS. 

An  Act  to  create  a  state  board  of  library  commissioners,  to  promote 
the  establishment  and  efficiency  of  free  public  libraries,  and  to 
provide  an  appropriation  therefor. 

[Act   115,   P.   A.   1899.] 

The  People  of  the  State  of  Michigan  enact: 

(373)  SECTION  1.    The  governor,  with  the  advice  and  con-~P«rsonnei  of 
sent  of  the  senate,  shall  appoint  four  persons,  residents  of  cc 

this  state,  who,  together  with  the  state  librarian,  who  shall 
be  a  member  ex-officio,  shall  constitute  a  board  of  library 
commissioners.     Two   members    of    said   board    shall    be   ap- 
pointed for  a  term  of  four  years  and  two  for  a  term  of  two 
years,  and  thereafter  the  term  of  office  shall  be  four  years. 
All  vacancies    occurring   in    the   appointive   membership    of  Filling  of 
said  board,  whether  by  expiration  of  term  of  office  or  other-  vacancies 
wise,  shall  be  filled  by  the  governor,  with  the  advice  and  con- 
sent of  the  senate. 

(374)  SEC.  2.     It  shall  be  the  duty  of  the  library  com- Duties  of 
mission  to  give  advice  and  counsel  to  all  free  libraries  in  the  commission. 
state,  and  to  all  communities  which  may  propose  to  establish 

them,  as  to  the  best  means  of  establishing  and  administering 
such  libraries,  the  selection  of  books,  cataloguing,  and  all 
other  details  of  library  management.  In  January  of  each 
year  the  board  shall  make  a  report  to  the  governor  of  its 
doings,  of  which  report  one  thousand  copies  shall  be  printed 
by  the  state  printer  for  the  use  of  the  board. 

(375)  SEC.  3.     It  shall  be  the  duty  of  all  free  libraries  Reports  to 
organized  under  the  laws  of  the  state,  whether   general    or cc 
special,  to  make  an  annual  report  to  the  board  of  library 
commissioners,  which  report  shall    conform   as   near  as  may 

be  reasonable  and  convenient,  as  to  time  and  form  such 
rules  as  the  board  may  prescribe. 

Sections  4  and  5  of  this  act  are  repealed  by  act  274  of  1909. 


APPROPRIATION  FOR  STATE  BOARD   OF  LIBRARY  COM- 
MISSIONERS. 

[Extract  from  Act  95,  P.  A.  1915.] 

The  People  of  the  State  of  Michigan  enact: 

(376)  SECTION  1.  There  is  hereby  appropriated  for  each  of 
the  fiscal  years  ending  June  thirty,  nineteen  hundred  sixteen, 
and  June  thirty,  nineteen  hundred  seventeen,  the  sum  of  five 
thousand  five  hundred  dollars,  to  be  expended  by  the  state 


174 


STATE    OF    MICHIGAN. 


Purposes. 


Instructors. 


Secretary. 


Printing  and 
binding. 


board  of  library  commissioners  as  follows :  For  defraying 
expenses  of  organizing  libraries  and  conducting  library  in- 
stitutes and  training  schools,  two  thousand  five  hundred  dol- 
lars; for  traveling  expenses  of  organizers  and  the  board,  one 
thousand  dollars;  for  secretary  and  clerical  assistance,  sup- 
plies and  incidentals,  two  thousand  dollars.  Instructors 
suitable  for  this  work  shall  be  selected  by  the  board,  and  all 
the  expenses  incurred  thereby,  together  with  the  expenses  of 
said  board,  whether  within  or  outside  the  state,  supplies  and 
incidentals  necessary  for  the  work,  shall  be  paid  out  of  the 
appropriation.  The  board  may  appoint  one  of  its  members  as 
secretary,  and  such  secretary  may  receive  such  sum  as  shall 
be  agreed  upon  by  the  board.  The  printing  and  binding  nec- 
essary to  carry  on  the  work  of  said  board  shall  be  furnished 
by  the  board  of  state  auditors  and  paid  for  out  of  the  general 
fund  as  other  state  printing  and  binding  is  paid  for. 


Boards  of 
education, 
authority  of, 
etc. 


To  issue 
certificates 
or  bonds. 


Proviso. 


FREE  PUBLIC  LIBRARIES. 

An  Act  to  authorize  boards  of  education  to  provide  for  the  mainte- 
nance of  free  public  libraries  existing  under  the  control  of  boards 
of  education  of  the  cities;  to  authorize  and  empower  said  boards  of 
education  to  raise  or  borrow  money  and  issue  bonds  in  sufficient 
sum  to  purchase  property  or  site,  erect  and  maintain  buildings  for 
use  as  a  free  public  library  and  other  educational  purposes. 

[Act  261,  P.  A.   1913.] 

The  People  of  the  State  of  Michigan  enact: 

(377)  SECTION  1.     Boards  of  education    in    cities    where 
free  public  libraries  are  under  control  of  such  boards  of  educa- 
tion by  reason  of  existing  charters  or  otherwise,  from  and 
after  the  passage  of  this  act  are  hereby  authorized  and  em- 
powered to  include  in  their  annual  estimate  a  sum  or. sums 
sufficient    to    properly   care   for   and    defray  the  expense  of 
maintenance  and  to  purchase  new  books  required  for  such 
libraries. 

(378)  SEC.  2.     Boards  of  education  in  cities  having  the 
control  of  free  public  libraries  by  reason  of  existing  charters 
or  otherwise  are  hereby  authorized  and  empowered  to  raise 
money,  either  by  including  the  amount  in  their  annual  esti- 
mates, or  to  borrow  same  on  the  faith  and  credit  of  said 
school  district,  and  to  issue  certificates  or  bonds  to  secure 
the  payment  of  the  sums  borrowed;  sufficient  to  purchase 
property  for  a  site  and  to  provide  the  money  necessary  to 
erect,  equip  and  maintain  buildings  for  a  free  public  library 
and  other  educational  uses:    Provided,  That  when  any  bond 
issue  shall  be  provided  for  under  the  terms  of  this  act  such 


GENERAL    SCHOOL   LAWS.  175 

bonds  shall  not  be  issued  for  a  period  of  more  than  ten  years. 
No  bonds  provided  for  in  this  act  shall  be  issued  until  is-  Referendum. 
suance  of  same  shall  have  been  submitted  to  the  electors  of 
the  district  affected  and  approved  by  a  majority  of  the  elec- 
tors voting  thereon. 

Sec.  3  repeals  all  contravening  acts. 


DISTRIBUTION  OF  LAWS  AND  DOCUMENTS. 

An  Act  to  provide  for  the  publication  and  distribution  of  laws  and 
documents,  reports  of  the  several  officers,  boards  of  officers  and 
public  institutions  of  this  state  now  or  hereafter  to  be  published, 
and  to  provide  for  the  replacing  of  books  lost  by  fire  or  otherwise, 
and  to  provide  for  the  publication  and  distribution  of  the  official 
directory  and  legislative  manual  of  the  state  of  Michigan,  etc.* 

(From    this    act   only    such    portions    are    quoted    as    relate   directly    to    the 
public  school  system.) 

[Act   44,   P.    A.    1899.] 

(379)     SBC.  11.     There  shall  be  printed  of  the  annual  re- Annual  report 
port  of  the  superintendent  of  public  instruction,  a  sufficient  ^derft^of 
number  to  supply  all  school  libraries  in  the  state  with  one  public  in- 
copy  each,  also  one  copy  each  to  the  following  persons  or  st 
institutions :     To  each  superintendent  of  public  instruction, 
state  university,   college  of  mines   and  state  normal  school  distributed. 
in  the  United  States,  each  living  ex-superintendent  and  dep- 
uty superintendent  of  public  instruction  in  this  state,  each 
member  of  county  boards  of  examiners,  each   city  superin- 
tendent of  schools;  two  hundred  copies  for  deposit  with  the 
secretary  of  state  for  future  distribution,  and  such  number 
of  additional  copies  as  the  superintendent  of  public  instruc- 
tion may,  in  his  discretion,  deem  necessary,  and  not  exceed- 
ing three  hundred  copies.    Said  report  shall  not  exceed  three  Number 
hundred  pages  including  context  and  index,  such  pages  to  be  of  Pases- 
the  size  of  the  pages  of  the  report  of  the  superintendent  of 
public  instruction  for  the  year  eighteen  hundred  ninety-five, 
and  such  report  shall  be  distributed  by  the  superintendent  of 
public  instruction.   Not  to  exceed  the  sum  of  fifty  dollars  for 
any  one  report  shall  be  expended  for  cuts  or  illustrations  for 
said  report :   Provided,  That  said  fifty  dollars  shall  cover  the  Proviso, 
cost  for  special  paper,  if  necessary  for  such  cuts,  and  also 
the  cost  of  making  such  cuts :     Provided  further,  That  the  Further 
state  superintendent  of  public  instruction  may  prepare  and  p 
have  published  for  the  district    schools    a    state    course  of 
study ;    for    the   teachers'  institutes,  institute  outlines ;  and, 
from  time  to  time,  such  educational  bulletins  as  he  may  deem 

*Remainder  of  title,  repealing  clause. 


176 


STATE    OP    MICHIGAN. 


necessary  and  the  board  of  state  auditors  may  approve,  for 
the  advancement  of  the  cause  of  education  in  Michigan. 

Am.  1901,  Act  31 ;  1903,  Act  225. 

Section  30  of  the  above  act  provides  for  the  distribution  of  the  legislative 
manual  (red  book),  and  the  list  includes  one  copy  for  each  of  the  following: 
Each  district,  graded,  and  city  public  school ;  each  public  library  other  than 
school  library ;  each  township,  village,  and  city  clerk,  and  the  county  com- 
missioner of  schools. 


Duty  of 
county  com- 
missioners. 


Expense  of 
distribution. 


Receipt  to 
secretary 
of  state. 


Notification 
by  secretary 
•f  state. 


(380)  SEC.  32.     It  shall  be  the  duty  of  the  county  com- 
missioners of  schools  to  distribute  all  copies  of  the  "official 
directory  and  legislative  manual"  to  the  schools  in  their  re- 
spective counties,  as  provided  in  section  thirty  of  this  act; 
and  also  to  see  that  the  same  are  kept  for  the  use  of  said 
schools,  and  it  shall  be  the  duty  of  the  secretary  of  state  to 
direct  "and  oversee  the  prompt  distribution  of  the  laws,  jour- 
nals, documents  and  reports  mentioned  in  this  act,  whose  dis- 
tribution is  not  otherwise  provided  for;  and  said  laws,  jour- 
nals, documents,  and  reports  shall  be  shipped    to    the    sev- 
eral county  clerks  and  county  commissioners  of  schools  in  the 
state,  afid  be  distributed  by  them  to  the  persons,  officers,  cor- 
porations and  societies  within  their  respective  counties  en- 
titled to  the  same,  and  that,  until  so  distributed,  they  shall 
be  carefully  preserved  by  said  county  clerks  and  county  com- 
missioners of  schools.   That  the  accounts  for  boxes  furnished 
to  the  secretary  of  state  for  package  and  distribution  shall 
be  audited  and  allowed  by  the  board  of  state  auditors  and 
paid  out  of  the  state  treasury,  and  the  expense  of  transporta- 
tion from  the  office  of  the  secretary  of  state  to  the  county 
clerks  and  county  commissioners  of  schools,  and  of  distribu- 
tion by  them  to  the  persons  entitled  to  the  same,  shall  be 
audited  and  allowed  by  the  boards  of  supervisors  and  paid 
out  of  the  county  treasuries. 

(381)  SEC.  33.    It  shall  be  the  duty  of  the  several  county 
clerks  and  county  commissioners  of  schools,  upon  receiving 
any  of  the  books  mentioned  in  this  act,  to  receipt  to  the  secre- 
tary of  state  for  the  same,  which  receipt  shall  be  filed  and 
preserved  in  the  office  of  the  secretary  of  state;  and  it  shall 
also  be  the  duty  of  the  said  county  clerks  and  county  com- 
missioners of  schools  to  distribute  said  books  as  provided  in 
this  act,  and  to  report  at  the  expiration  of  a  mouth  after 
each  reception  of  books  to  the  secretary  of  state,  on  blanks 
furnished  by  him,  by  giving  a  full  statement  of  all  of  said 
books  remaining  in  his  office,  together  with  the  names  of  the 
officers  neglecting  to  call  for  the  books  to  which  they  are  en- 
titled; and  it  shall  be  the  duty  of  all  persons,  officers,  corpo- 
rations and  societies,  upon  receiving  any  of  the  books  men- 
tioned in  this  act,  to  receipt  respectively  to  the  county  clerk 
and  county  commissioner  of  schools  for  the  same,  which  re- 
ceipt shall  be  filed  and  preserved  in  the  office  of  the  county 
clerk  and  county  commissioner  of  schools  respectively.     It 


GENERAL,    SCHOOL   LAWS.  177 

shall  also  be  the  duty  of  the  secretary  of  state  to  notify  each 
person  to  whom  any  books  are  sent,  except  township  officers, 
either  directly  or  in  care  of  the  county  clerk,  which  are  re- 
quired by  this  act  to  be  kept  in  any  library  or  passed  over  to 
any  successor  in  office,  and  that  each  person  receiving  such 
notice  shall,  within  a  reasonable  time,  apply  to  the  county 
clerk  for  the  books  mentioned  in  this  notice,  if  such  books 
were  sent  to  the  county  clerk,  and  obtain  the  same;  and  if 
such  books  have  been  received  by  the  county  clerk  and  are 
not  called  for  as  aforesaid,  such  person  thus  notified  shall  be 
held  responsible  in  the  same  manner  and  to  the  like  extent 
as  in  the  case  of  his  neglect  or  refusal  to  deliver  over  to  his 
successor  books  received  by  him,  except  that  books  sent  for 
the  use  of  township  officers  may  be  sent  to  either  the  township 
clerk  or  county  clerk,  when  the  secretary  of  state  shall  notify 
the  township  clerk,  who  shall  draw  all  of  the  books  for  the 
officers  of  his  township  and  distribute  the  same. 

Section  34  provides  that  each  city,  village,  township  and  county  officer 
shall,  when  he  ceases  to  hold  such  office,  deliver  over  to  his  successor  in 
office  all  such  books  received  by  him  which  are  required  by  this  act  to  be 
placed  in  his  library. 

CUSTODY  OF  RECORDS  :     See  Murta  v.  Carr,  140  /  606. 


An  Act  to  provide  for  the  dissemination,  publication  and  distribution 
to  school  districts  of  this  state  of  pamphlets,  documents,  books  and 
circulars  written,  compiled,  published  or  prepared  by  any  depart- 
ment of  state  government,  or  by  any  institution  maintained  in 
whole  or  in  part  by  this  state. 

[Act  265,  P.  A.   1915.] 

The  People  of  the  State  of  Michigan  enact: 
(382)     SECTION  1.     On  or  before  the  first  day  of  October,  Lists  of 


nineteen  hundred  fifteen,  and  on  or  before  the  first  day 
every  month  thereafter,  it  shall  be  the  duty  of  the  head  of  etc< 
every  department  of  state  government,  and  all  other  institu- 
tions maintained  in  whole  or  in  part  by  this  state,  to  prepare 
and  transmit  to  the  superintendent  of  public  instruction  a 
detailed  list  of  all  pamphlets,  documents,  books  and  circulars 
compiled,  published  or  prepared  by  such  department  or  in- 
stitution. 

(383)     SEC.  2.    On  or  before  ten  days  after  receipt  by  the  Selection  of 
superintendent  of  public  instruction  of  the  lists  prepared  and  educational6 
transmitted  in  compliance  with  the  provisions  of  section  one  value' 
of  this  act,  it  shall  be  the  duty  of  the  superintendent  of  public 
instruction  and  the  secretary  of  the  public  domain  commis- 
sion, to  convene  in  the  office  of  the  superintendent  of  public 
instruction  and  there  examine  said  lists  and  select  therefrom 
such   pamphlets,    documents,   books  and   circulars    as    they 
23 


178 


STATE    OP    MICHIGAN. 


Transmission 
of  selections. 


Transmission 
of  pamphlets, 
etc.,  to 
schools. 

Proviso, 
printing  of 
additional 
copies. 


deem  have  an  educational  value.  After  the  examination  and 
selection  as  provided  herein,  it  shall  be  the  duty  of  the  su- 
perintendent of  public  instruction  and  the  secretary  of  the 
public  domain  commission  to  transmit  to  the  head  of  each 
department  and  institution,  a  list  of  the  selections  made  from 
the  lists  transmitted  by  the  heads  of  such  departments  or 
institutions.  Upon  receipt  of  this  selected  list  by  the  heads 
of  such  departments  or  institutions,  it  shall  be  their  duty 
to  transmit  such  pamphlets,  documents,  books  and  circulars 
as  may  be  necessary  to  supply  the  school  districts  of  the 
state,  to  the  superintendent  of  public  instruction  and  he  shall 
apportion  and  transmit  such  pamphlets,  documents,  books 
and  circulars  to  the  school  districts,  to  be  the  property  of  the 
school  library :  Provided,  That  the  heads  of  the  state  depart- 
ments and  the  heads  of  the  state  institutions  mentioned  in 
section  one  of  this  act  are  hereby  authorized  and  required 
to  have  printed  such  additional  copies  of  all  pamphlets,  docu- 
ments, books  and  circulars  as  may  be  required  for  distribu 
tion  under  section  two  of  this  act. 


RURAL  HIGH  SCHOOLS. 

An  Act  to  provide  for  the  establishment  and  maintenance  of  rural 
high  schools. 

[Act  144,   P.   A.   1901.] 


Petition  of 
taxpayers. 


The  People  of  the  State  of  Michigan  enact: 

•  (384)  SECTION  1.  The  township  board  of  any  township, 
not  having  within  its  limits  an  incorporated  village  or  city, 
upon  the  petition  of  not  less  than  one-third  of  the  taxpayers 
of  such  township  for  the  establishment  of  a  rural  high 
school,  or  for  the  discontinuance  of  any  rural  high  school  es- 
tablished under  the  provisions  of  this  act,  shall  submit  such 
question  to  a  vote  of  the  qualified  electors  of  said  township 
at  a  special  election  called  for  that  purpose  within  sixty 
days  from  date  of  receipt  of  said  petition. 

Am.   1915,   Act  22. 

(385)     SEC.  2.  All  elections  ordered  by  any  township  board 
in  pursuance  of  section  one  of  this  act  shall  be  held  at  the 
usual    place   or   places    of   holding  township   elections,    and 
notice  shall  be  given  and  the  election  conducted  in  all  re- 
how   spects  as  provided  by  law  for  the  election  of  township  offi- 
condu2?ed°v    cers,  and  the  ballots*  shall  have  printed  thereon  "for  rural 
high  school — Yes."     "For  rural  high  school — No,"  or  in  the 
case  of  the  discontinuance  of  any  rural  high  school  estab- 


Submit  vote 
at  special 
election. 


Elections  held 
at  usual 
place. 


Notice 
given. 


GENERAL  SCHOOL  LAWS.  179 

lished  under  the  provisions  of  this  act,  "For  discontinuance 
of  rural  high  school — Yes.'7  "For  discontinuance  of  rural 
high  school — No." 

Am.  Id. 

(386)  SEC.  3.    If  more  votes  are  cast  in  favor  of,  such  high  Bo|rde°f    h 
school  than  against  it  at  such  election,  the  qualified  electors  elected?'  ^ 
of  said  township  shall  elect  at  their  next  annual  election  of  JjgJ!^ Ol 
township  officers  a  board  of  trustees  of  three  members,  one 

for  one  year,  one  for  two  years  and  one  for  three  years,  and 
on  the  expiration  of  their  terms  of  office  and  regularly  there- 
after their  several  successors  shall  be  elected  in  like  manner 
for  a  term  of  three  years  each :  Provided,  That  when  a  rural  Proviso, 
high  school  shall  have  been  established  by  the  electors  of  any 
township,  the  first  election  of  such  trustees  may  be  ordered 
by  the  township  board  to  be  held  at  any  time  after  the  ten 
days'  legal  notice  of  such  election  shall  have  been  given. 
The  township  clerk  shall  be  ex  officio  member  and  the  clerk  of 
the  board  and  the  township  treasurer  shall  be  ex  officio  mem- 
ber  and  treasurer  of  the  board,  with  the  same  power  as  other 
members  of  the  board.  If  two-thirds  of  the  votes  cast  are  in  Disccntin- 
favor  of  .the  discontinuance  of  any  rural  high  school,  such 
rural  high  school  shall  be  discontinued  in  the  same  manner 
as  is  provided  by  law  for  the  discontinuance  of  district 
schools. 

Am.  1909,  Act  97  ;  1915,  Act  22. 

(387)  SEC.  4.     Said  board  of  trustees  shall  meet  on  the  Board  of 
third  Monday  in  April  of  each  year  and  organize  by  electing 

one  of  the  trustees  as  president.  Regular  meetings  of  the 
board  shall  be  held  on  the  second  Mondays  of  May,  August, 
November  and  February  in  each  year.  Special  meetings  may 
be  called  upon  five  days'  notice  by  the  president  or  secretary. 
The  board  shall  have  power:  Powers. 

(a)  To  supervise  and  visit  the  school; 

(b)  To  admit  all  children  of  the  township  above  the  sixth 
grade  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils  if  they  so  elect;  but  nothing  in  this  act  shall  be 
so  construed  as  to  limit  the  operation  of  the  laws  of  this 
state  relative  to  the  compulsory  education  of  children,  or  the 
liability  of  children  to  attend  school  thereunder,  and  it  shall 
be  the  duty  of  the  officers  charged  by  law  to  enforce  the 
provisions  of  said  laws  relative  to  the  compulsory  education 
of  children,  to  enforce  in  like  manner  the  attendance  at  such 
high  schools  of  children  admitted  to  attendance  thereat  under 
the  terms  of  this  act; 

(c)  To  select  and  adopt  text-books; 

(d)  To  appoint  legally  qualified  teachers; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for 
the  control  of  the  school,  suspend  or  expel  pupils,  fix  the 


180 


STATE    OP   MICHIGAN. 


time  of  school  which  will  not  be  more  than  ten  months  nor 
less  than  seven  in  any  one  year; 

(f)  To  rent  or  to  purchase  and  hold  real  estate  for  such 
township  high  school,  build  and  furnish  schoolhouses,  deter- 
mine location  of  grounds  and  building,  which   shall  be  as 
near  the  center  of  the  township  as  practicable,  according  to 
sanitary  conditions,  and  to   receive  and  hold  bequests  and 
gifts  for  the  benefit  of  the  school,  and  to  dispose  of  property 
belonging  to  the  district  subject  to  the  provisions  hereinafter 
named ; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan  agricultural  college,  and  shall  not  consist 
of  more  than  four  years'  work;  said  course  of  study  may  in- 
clude instruction  in  manual  training,  domestic  science,  na- 
ture study  and  the  elements  of  agriculture; 

(h)  To  estimate  and  vote  the  amount  of  tax  necessary  to 
support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which 
amount  shall  be  spread  upon  the  tax  roll  the  same  as  other 
district  taxes,  and  in  their  discretion  borrow  money  for  cur- 
rent expenses,  which  amount  shall  not  exceed  fifty  per  cent 
of  the  amount  of  tax  voted; 

(i)  To  publish  annually  in  one  newspaper  of  the  town- 
ship or  county  a  statement  of  the  proceedings  of  the  board 
meetings  and  an  itemized  account  of  all  receipts  and  ex- 
penses, and  file  a  copy  of  the  same  in  the  office  of  the  county 
school  commissioner  and  state  superintendent  of  public  in- 
struction within  sixty  days  of  the  date  of  publication  of  the 
same; 

(j)  To  call  special  elections  or  meetings  of  the  township, 
if  necessary,  to  vote  on  the  amount  of  money  to  be  raised  for 
the  purchase  of  grounds  and  erection  of  buildings  and  for 
such  other  purposes  as  may  be  necessary  within  the  authority 
of  the  provisions  of  this  act  or  of  the  general  school  laws. 

Am,  1907,  Act  126. 

(388)  SEC.  5.     The  secretary  of  the  board  shall  receive 
not  to  exceed  fifty  dollars  per  annum  for  his  services.     It 
shall  be  his  duty  to  keep  the  records,  provide  supplies,  visit 
the  school  and  make  annual  reports  to  the  school  board,  the 
county  school  commissioner  and  the  state  superintendent  of 
public  instruction,  in  such  form  as  the  superintendent  of  pub- 
lic instruction  shall  direct. 

(389)  SEC.  6.     All  orders    on    the    treasurer  for  moneys 
shall  be  ordered  by  the  board  and  signed  by  the  secretary  and 
president. 

(390)  SEC.  7.     A  majority  of  the  taxpayers  of  the  town- 
ship shall  determine  the  amount    to    be    expended    in    the 
grounds  and  building  of  said  school  and  may  bond  the  town- 


Salary  of 
secretary. 

Duty  of 
secretary. 


Orders  for 
money. 


Limit  of 
bond. 


GENERAL  SCHOOL  LAWS.  181 

ship  for  such  amount:     Provided,  That  the  amount  of  said  Proviso, 
bonds  shall  not  exceed  five  thousand  dollars,  and  that  the 
period  of  such  bonds  shall  not  continue  beyond  ten  years. 

(391)     SEC.  8.    The  high  schools  established  under  the  pro-  under  super- 
visions of  this  act   shall   be  under  the  supervision   of  the  Sfssfonl C01 
county  commissioner  of  schools,  and  all  questions  of  manage- 
ment, support  and  control  arising  under  the  provisions  of 
this  act  and  not  expressly  provided  for  therein  shall  be  sub- 
ject to  the  provisions  of  the  general  school  laws  of  this  state. 

Sec.  9.     Repealing  clause. 


INFORMATION  REGARDING  LIBRARIES. 

An  Act  to  secure  information  regarding  all  public  or  school  libraries 

in  this  state. 

[Act  134,   P.   A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(392)  SECTION  1.     Hereafter  it  shall  be  the  duty  of  the  ^JJlS  to 
librarian  of  any  and  all  public  libraries,  including  township,  nuai  report, 
school  district,  village  or  city  libraries,  to  make  an  annual  re- 
port regarding  the  location,  condition  and  support  of  said  li- 
brary to  the  county  commissioner  of  schools  on  or  before  the 
thirtieth  clay  of  June  in  each  year. 

(393)  SEC.  2.    It  shall  be  the  duty  of  the  county  commis-  ^jjhom^ 
sioner  of  schools  in  each  county,  immediately  after  receiv-  mSsioner  of 
ing  the  reports  from  the  several  libraries  in  his  county  and 

before  the  first  day  in  September  of  each  year,  to  transmit 
to  the  secretary  of  the  state  board  of  library  commissioners 
at  Lansing  a  complete  list  of  all  the  libraries  other  than  per- 
sonal libraries  within  his  county,  together  with  the  several 
reports  provided  for  in  section  one  of  this  act,  blanks  for  re- 
ports in  both  instances  to  be  furnished  by  the  board  of  li- 
brary commissioners. 

Sec.  3.     Repeal^  Act  199,  P.  A.  1901. 


182 


STATE    OF    MICHIGAN. 


PAYMENT  OF  TUITION  OF  EIGHTH  GRADE  PUPILS. 

An  Act  to  provide  for  the  payment  of  tuition  in  and  transportation 
to  another  district,  of  children  who  have  completed  the  eighth 
grade  in  any  school  district;  and  to  repeal  act  number  one  hun- 
dred ninety  of  the  public  acts  of  nineteen  hundred  three,  and  all 
other  acts  and  parts  of  acts  in  anywise  contravening  the  provisions 
of  this  act. 

[Act   65,   P.   A.    1909.] 


Tuition,  etc., 
to  high  school. 


Proviso, 
notice. 


Proviso, 

surplus 

money. 


Tax  to  be 
reported. 


High  school 
defined. 


The  People  of  the  State  of  Michigan  enact: 

(394)  SECTION  1.     The  district  board  or  board  of  educa- 
tion of  any  school  district  which  does  not  maintain  a  high 
school,  shall  have  authority  and  is  hereby  required  to  vote  a 
tax  sufficient  to  pay  the  tuition  to  any  high  school  of  any 
children  of  school  age,  residents  of  said  district  at  the  time 
of  giving  notice  as  hereinafter  provided,  who  have  completed 
the  studies  of  the  eight  grades,  not  exceeding    in    amount 
twenty  dollars  per  pupil  per  year,  unless  the  voters  appro- 
priate a  larger  sum  at  the  annual  school  meeting,  and  may 
vote  a  tax  to  pay  the  transportation  during  school  days  of 
such  children,  such  tuition  to  be  paid  by  the  treasurer  of  the 
district  in  which  the  pupil  resided  at  the  time  of  giving  the 
notice  herein  provided,  to  the  treasurer  of  the  district  where 
the  high  school  attended  is  located :   Provided,  That  a  parent 
or  the  legal  guardian  of  such  children,  or  the  person  in  par- 
ental relation  to  such  children,  shall  give  written  notice  to 
the  district  board  or  board  of  education  on  or  before  the 
fourth  Monday  of  June,  that  such  children  desire  to  attend 
any  high  school  during  the  ensuing  year.     Upon  receiving 
written  notice  of  children  eligible  to  attend  high  schools,  the 
district  board  or  board  of  education  shall  vote  a  tax  sufficient 
to  cover  the  necessary  expense  for  tuition  as  herein  provided, 
and  may  vote  a  tax  sufficient  to  cover  the  necessary  expense 
for  daily  transportation  of  such  children:     Provided,  That 
any  surplus  moneys  in  the  treasury  of  said  district  belonging 
to  the  primary  fund  may  be  used  in  paying  necessary  tuition 
in  lieu  of  a  tax  therefor. 

Am.  1911,  Act  14;  1913,  Act  268. 

(395)  SEC.  2.    The  tax  provided  for  in  section  one  of  this 
act  shall  be  reported  to  the  clerk  of  the  township  in  which 
such  district  is  located  and  shall  be  spread  upon  the  tax  roll 
of  such  township  in  the  same  manner  and  at  the  same  time 
as  other  school  taxes. 

Section  3  repeals  Act  190  of  1903. 

(396)  SEC.  4.     A  high  school  shall  be  a    graded    school 
maintaining  twelve  grades  of  work  with  at  least  three  teach- 
ers devoting  their  entire  teaching  time  to  the  work  of  the 


GENERAL,    SCHOOL,    LAWS.  183 

seventh,  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades, 
or  two  teachers  devoting  their  entire  teaching  time  to  the 
work  of  the  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades : 
Provided,  That  a  graded  district  having  a  course  of  at  least  Proviso,  ten 
ten  grades  with  one  teacher,  devoting  his-  entire  teaching  time  gra( 
to  the  eighth,  ninth  and  tenth  grades,  shall  not  be  obliged 
to  pay  the  tuition  of  its  pupils  to  a  twelve  grade  school  until 
such  pupils  have  finished  ten  grades  of  work  in  their  own 
district :  Provided  further,  That  the  district  board  in  a  pri- 
mary  school  district  may  pay  the  tuition  of  its  pupils  who 
have  satisfactorily  passed  the  county  eighth  grade  examina- 
tion as  hereinafter  specified  to  a  graded  school  district  main- 
taining ten  grades  of  work  for  a  period  not  exceeding  two 
school  years,  after  which  the  tuition  of  such  children  shall  be 
paid  to  a  high  school  as  provided  in  this  act. 

Added  1911,   Act  14;   Am.  1915,  Act  8. 

(397)  SEC.  5.  Pupils  eligible  to  have  their  tuition  paid 
shall  be  the  holders  of  county  eighth  grade  diplomas  granted 
by  the  county  boards  of  examiners  in  the  several  counties 
under  rules  and  regulations  prescribed  by  the  superintend- 
ent of  public  instruction,  or  shall  have  completed  eight 
grades  of  work  in  a  graded  school  district  as  evidenced  by  the 
written  statement  of  the  superintendent  of  schools  in  such 
graded  school  district. 

Added  Id. 


An  Act  to  enable  district  boards  and  boards  of  education  to  pay 
tuition  to  another  district. 

[Act   21,   P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

.  (398)     SECTION  1.     The  district  board  or  board  of  educa-  Tuition  to 
tion  in  all  primary,  graded  and  township  unit  districts  of  the  n< 
state  may  use  money  in  the  general  fund  of  said  district  for 
the  purpose  of  paying  tuition  to  some  other  district  or  dis- 
tricts, of  children  who  have  not  completed  eight  grades  of 
work,  in  cases  where  such  children  are  nearer  to  the  school- 
house  in  another  district  than  to  the  schoolhouse  in  their 
own  district,   and  may  vote  a  tax  for  such  purpose. 


184 


STATE    OF   MICHIGAN. 


Truant 
officer  may 
investigate. 


Relief  may  be 
granted. 


Amount  paid 
to  family. 


Monthly  re- 
port to  be 
made  by 
truant  officer. 


Proviso. 


Monthly  re- 
port to  be 
made  by 
teacher. 


CHILDREN  OF  INDIGENT  PARENTS. 

An  Act  to  provide  means  whereby  children  of  indigent  parents,  with- 
in school  age,  may  attend  school. 

[Act   198,   P.   A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 

(399)  SECTION  1.     Any  truant  officer  of  this  state  when 
authorized  by  the  board  of  education    to    investigate,    and 
when  satisfied  that  any  child  within  his  jurisdiction,  required 
by  law  to  attend  school,  is  unable  so  to  do  by  reason  of  the 
fact  that  the  services  of  such  child  are  absolutely  required 
for  the  support  of  himself  or  herself,  or  to  assist  in  the  sup- 
port or  care  -of  others  legally  entitled  to  his  or  her  services, 
such  person  or  persons  being  unable  to  support  or  care  for 
themselves,  such  truant  officer  shall  report  the  case  to  the 
board  of  education  of  the  school  district  in  which  such  child 
may  reside,  and  such  board  of  education  shall  be  authorized 
to  and  may  in  their  discretion  grant  such  relief  as  will  enable 
the  child  to  attend  school  during  the  entire  school  year.    In 
all  cases  where  such  relief  is  necessary  the  said  board  of  edu- 
cation shall  be  authorized  to,  and  may  in  their  discretion, 
furnish  to  such  child  the  necessary  text-books  free  of  charge, 
in  addition  to  such  other  necessary  assistance  or  support. 

(400)  SEC.  2.    For  the  purposes  in  this  act  provided  such 
board  of  education  shall  pay,  during  the  school  year,  to  the 
family  of  such  child  a  sum  not  to  exceed  three  dollars  a  week, 
nor  more  than  six  dollars  a  week  for  the  children  of  any  one 
family.     Said  money  shall  be  paid  in  the  same  manner  and 
out  of  the  same  fund  as  are  the  current  expenses  for  the  main- 
tenance of  public  schools. 

(401)  SEC.  3.    It  shall  be  the  duty  of  the  truant  officer  or 
treasurer  of  the  school  board  in  any  district  where  a  child  is 
receiving  aid  under  the  provisions  of  this  act  to  disburse  the 
funds  herein  provided  for,  and  to  investigate  the  environment 
of  the  child,  and  to  make  an  itemized  report  monthly  to  the 
school  board  or  some  officer  appointed  by  the  board,  of  the 
manner  in  which  such  funds  were  expended :    Provided,  That 
in  cities  having  a  juvenile  court  such  investigation  shall  be 
made  by  such  court. 

(402)  SEC.  4.     The  truant  officer  shall  notify  the  teacher 
to  whom  any  child  receiving  aid  under  the  provisions  of  this 
act  may  be  assigned,  and  it  shall  be  the  duty  of  the  teacher 
having  charge  of  such  child  to  report  monthly  to  the  school 
board   through  the  superintendent  of  schools,   the  progress 
such  child  is  making  in  his  or  her  school  work,  and  the  record 
of  attendance  together  with  such  other  information  as  may 
be  deemed  necessary.     Said  truant  officer  shall  receive  the 
same    compensation   for  the  time  so  engaged  under  the  pro- 


GENERAL    SCHOOL   LAWS.  185 

visions  of  this  act  as  he  receives  for  similar  services  per- 
formed by  him  and  shall  be  paid  in  the  same  manner. 


COUNTY  NORMAL  TRAINING  CLASSES. 

An  Act  for  the  establishment  of  county  normal  training  classes  and 
for  the  maintenance  and  control  of  the  same. 

[Act  241,  P.   A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(403)  SECTION  1.     Upon  the  notification  by  the  board  of  when  and 
education  of  a  district  In  a  county  not  having  a  state  normal  established, 
school  within  its  borders,  that  the  district  and  the  board  of 
supervisors  of  the  county  have  voted  to  establish  a  county 
normal  training  class,  the-  state  superintendent  of  public  in- 
struction may,  subject  to  the  provisions  herein  named,  grant 
permission  to  establish,  maintain  and  control  a  county  nor- 
mal training  class  for  the  purpose  of  giving  free  instruction 

and  training  in  the  principles  of  education  and  methods  of 
teaching  to  residents  of  the  county :    Provided,  That  but  one  proviso, 
such  training  class  shall  be  established  in  any  county:    And, 
Provided  further,  That  not  more  than  ten  such,  classes  shall  Further 
be  established  in  the  state  in  any  one  year. 

(404)  SEC.  2.     The  superintendent  of  public  instruction  county  nor- 
together  with  the  county  commissioner    of    schools    of    the  Sm  con-df 
county  and  the  superintendent  of  the  schools  in  the  district  stituted. 

in  which  a  normal  training  class  has  been  established  under 
the  provisions  of  this  act,  shall  constitute  the  county  normal 
board :  Provided,  That  in  case  the  superintendent  of-  the  Proviso, 
schools  of  the  district  is  also  commissioner  of  schools  of  the 
county  the  board  of  education  of  the  district  shall  select  the 
third  member  of  the  county  normal  board. 

(405)  SEC.  3.     The  duties  of  the    county   normal    board  Normal  board, 
shall  be  as  follows: 

First,  To  determine  the  qualifications  for  admission  to  the 
county  normal  training  class; 

Second,  To  establish  a  one-year  course  of  study  to  be  pur- 
sued, a  year  to  consist  of  not  less  than  thirty-two  weeks  of 
five  days  each; 

Third,  To  grant  certificates  of  graduation  to  such  persons 
as  finish  the  course  adopted  above,  in  such  form  as  the  super- 
intendent of  public  instruction  shall  prescribe. 

Am.  1905,  Act  20. 

(406)  SEC.  4.    The  certificates  of  graduation  shall  qualify 
the  holder  to  teach  in  the  public  schools  as  follows^ 

First,  The  certificate  of  graduation  shall  qualify  the  holder 


186 


STATE    OP   MICHIGAN. 


Proviso. 


to  teach  for  three  years  from  date  of  issue  in  any  school  em- 
ploying not  more  than  two  teachers,  in  the  county  in  which 
the  county  normal  training  class  is  situated :  Provided,  That 
any  certificate  shall  become  valid  as  above  specified  in  any 
other  county  when  indorsed  by  the  authority  that  grants  cer- 
tificates in  such  county; 

Second,   A  certificate  of  graduation  may  be  renewed  or  re- 
voked by  a  majority  vote  of  the  county  normal  board. 


Am.  Id. 


Maintenance 
of  training 

classes. 


District  to 
provide 
teachers, 
rooms,  etc. 


When  state 
to  reimburse 
district. 


Amount. 
Proviso. 


Board  to 

estimate 
expenses. 


Supervisors 
to  make  ap- 
propriation. 


Proviso. 


(407)  SEC.  5.  For  the  purpose  of  maintaining  such  nor- 
mal training  classes  as  are  herein  prescribed,  it  is  further 
provided : 

First,  That  the  district  receiving  permission  to  establish  a 
county  normal  training  class  shall  provide  teachers,  and 
rooms  with  heating  and  equipment  satisfactory  to  the  super- 
intendent of  public  instruction,  and  said  board  shall  include 
in  the  expense  budget  of  the  district  such  sum  as  may  be 
necessary  for  these  purposes; 

Second,  That  the  auditor  general  annually,  on  or  before 
the  thirtieth  day  of  June,  upon  the  certificate  of  the  superin- 
tendent of  public  instruction  that  the  equipment  and  in- 
struction of  any  county  normal  training  class  has  been  satis- 
factory, shall  draw  his  warrant  on  the  state  treasurer  in 
favor  of  the  treasurer  of  the  district  board  or  the  board  of 
education  of  the  district  maintaining  such  normal  training 
class  to  the  amount  of  five  hundred  dollars  for  each  teacher 
employed  in  the  training  school,  to  be  paid  out  of  the  general 
fund:  Provided,  That  in  no  case  shall  the  total  of  such  ap- 
propriation exceed  one  thousand  dollars  in  any  county  during 
any  school  year; 

Third,  In  any  district  establishing  a  county  normal  train- 
ing class,  the  board  of  education  shall,  previous  to  the  first 
day  of  October  in  each  year,  estimate  the  cost  of  instruction 
for  the  current  year  in  the  county  normal  training  class,  and, 
deducting  therefrom  the  amount  appropriated  by  the  forego- 
ing provisions  of  this  act,  report  the  balance  to  the  county 
clerk  on  or  before  the  first  day  of  October ; 

Fourth,  At  its  October  session,  the  board  of  supervisors 
shall  appropriate  out  of  the  general  fund  of  the  county  one- 
half  of  the  balance  due  for  instruction,  as  shown  by  the 
aforesaid  report  to  the  county  clerk,  which  amount  shall  be 
assessed  and  collected  at  the  same  time  and  in  the  same  man- 
ner as  the  other  county  taxes:  Provided,  That  in  no  case 
shall  such  appropriation  made  in  any  county  exceed  one-half 
the  amount  appropriated  by  the  state  according  to  the  pro- 
visions of  this  act.  The  money  so  raised  shall  constitute  the 
county  normal  fund. 

Am,  Id. 


GENERAL    SCHOOL    LAWS.  187 

(408)  SEC.  6.     On  or  before  the  thirtieth  day  of  June  of  commissioner 
each  year,  it  shall  be  the  duty  of  the  county  commissioner  of  dutyhof°ls> 
schools  to  certify  to  the  county  clerk  the  balance  between 

the  total  cost  of  instruction  for  the  current  year    and    the 
amount  appropriated  by  the  auditor  general.     Upon  receipt  J^ to 
of  such  certificate,  the  county  clerk  shall  draw  an  order  for 
one-half  of  the  said  balance  upon    the    county    treasurer  in 
favor  of  the  treasurer  of  the  board  of  education  of  the  dis- 
trict establishing  the  normal  training  class :    Provided,  That  Proviso, 
such  order  shall  not  exceed  the  amount  appropriated  by  the 
board  of  supervisors  according  to  the  provisions  of  this  act. 

Am.  Id. 

(409)  SEC.  7.    All  moneys  remaining  in   the  county  nor- Disposal  of 
mal  fund  upon  the  first  of  *  September  of  each  year  shall  be  0Muidder 
returned  to  the  general  fund  of  the  county. 


TRADE,  VOCATIONAL,  INDUSTRIAL,  MARINE,  ETC.,  SCHOOLS. 

An  Act  empowering  school  districts  in  the  state  of  Michigan  to  estab- 
lish and  maintain  trade,  vocational,  industrial,  marine  and  manual 
training  schools,  school  gymnasiums  and  scholarships,  and  to  accept 
gifts,  legacies  and  devises, 

[Act   22,    P.    A.    1911.] 

The  People  of  the  State  of  Michigan  enact: 

(410)  SECTION  1.     Any  school  district,  with  the  consent  Authority  to 
of  a  majority  of  the  qualified  electors  voting  at  any  annual  e£ 
meeting  of  such  district  or  at   any   special   meeting   thereof 

duly  called  for  the  purpose,  shall  through  its  school  board 
have  power  to  establish,  conduct  and  maintain  trade,  indus- 
trial, marine,  vocational  and  manual  training  schools  and 
school  gymnasiums  within  said  school  district ;  to  control  and 
classify  and  to  restrict  the  number  of  pupils  and  the  terms  of 
their  attendance  therein;  to  prescribe  the  course  of  studies 
and  work  and  to  employ  the  necessary  teachers-  and  instruct- 
ors therein;  to  acquire  the  necessary  sites;  to  acquire,  con- TO  acquire 
struct  and  provide  the  necessary  buildings  and  equipments,  ingegs;  ebtcild 
books  and  supplies  therefor;  to  defray  the  cost  and  expense 
thereof  by  general  tax  upon  the  taxable  property  of  said 
school  district,  and  to  issue  the  bonds  of  said  school  district 
to  meet  any  temporary  loans  required  for  any  of  the  purposes 
aforesaid. 

(411)  SEC.  2.     Said  school  district  with  the  like  consent  Legacies,  etc. 
shall  through  its  school  board  have  power  to  accept  and  use, 

care  for,  control,  invest  and  keep  invested  as  permanent  funds 
any  gifts,  legacies  or  devises  whatsoever  heretofore  or  here- 


188 


STATE    OF   MICHIGAN. 


after  made  to  said  school  district  for  any  of  said  above  named 
purposes,  or  for  university  or  college  scholarships  or  for  gen- 
eral school  objects,  and  to  carry  into  effect  the  terms  and 
Endowment  conditions  thereof.  All  permanent  and  endowment  funds 
shall  be  under  the  control  of  said  school  board.  Any  action 
of  said  school  district  and  of  its  school  board  heretofore  taken 
with  respect  to  any  gifts,  legacies  or  devises  already  made  to 
said  school  district  for  trade  and  industrial  school  and 
scholarship  purposes  is  hereby  legalized. 


Certain 
actions 
legalized. 


ACQUISITION  OF  LANDS. 

An  Act  to  authorize  boards  of  education  to  acquire  and  control  lands 
for  sites  for  school  houses,  agricultural  sites,  athletic  fields  arid 
play-grounds,  and  to  establish,  equip  and  maintain  trade  and  other 
vocational  schools  and  to  acquire  lands  for  such  purpose  outside  the 
district  limits. 

[Act  222,   P.   A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 


Districts,  to 

which 

applicable. 


(412)  SECTION  1.  The  board  of  education  of  any  organ- 
ized school  district  containing  a  population  of  one  hundred 
thousand  or  more  shall  have  full  power  and  authority  to  lo- 
cate, purchase  or  lease,  in  the  name  of  the  district,  such  site 
or  sites  for  school  houses,  agricultural  sites,  athletic  fields 
and  play-grounds  as  ^may  be  necessary  out  of  the  funds  pro- 
vided for  that  purpose,  and  may  make  sale  of  any  site  or 
other  property  of  the  district  which  is  no  longer  required  for 
May  establish  school  purposes,  and  may  also  establish,  equip  and  maintain 
efc!,Cscho(Ss.  agricultural,  trade  and  other  vocational  schools,  and  if  deem- 
ed necessary  by  such  board  may  acquire  land  for  such  pur- 
pose outside  the  district  limits. 


COUNTY  SCHOOLS  OF  AGRICULTURE. 

An  Act  to  provide  for  the  establishment  of  county  schools  of  agri- 
culture, manual  training  and  domestic   economy. 

[Act   35,   P.   A.    1907.] 

The  People  of  the  State  of  Michigan  enact: 

Duty  of  (413)     SECTION  1.    The  board  of  supervisors  of  any  county 

supervisors,  is  hereby  authorized  to  appropriate  money  for  the  organiza- 
tion, equipment  and  maintenance  of  any  county  school  of 
agriculture,  manual  training  and  domestic  economy:  Pro- 


GENERAL  SCHOOL  LAWS.  189 

vided,  That  upon  petition  of  not  less  than  ten  per  cent  of  the 
qualified  electors  of  any  county,  said  ten  per  cent  shall  be 
determined  by  the  total  number  of  votes  cast  for  secretary 
of  state  at  the  last  preceding  November  election,  and  the 
board  of  suprvisors  shall  submit  the  question  of  the  estab- 
lishment of  a  county  school  of  agriculture,  manual  training 
and  domestic  economy  at  a  general  election  or  a  special  elec- 
tion called  for  that  purpose.  If  a  majority  of  the  electors 
voting  upon  such  proposition  shall  vote  in  favor  of  the  es- 
tablishment of  such  school,  it  shall  be  the  duty  of  the  board 
of  supervisors  to  provide  for  the  organization,  equipment  and 
maintenance  of  such  school  as  in  this  act  provided.  When- 
ever  the  board  of  supervisors  of  the  county  shall  by  a  two- 
thirds  vote  of  all  members  elect,  resolve  to  contract  indebted- 
ness or  issue  bonds  to  raise  money  for  the  organization,  equip- 
ment and  maintenance  of  such  school,  the  question  shall  be 
submitted  to  the  vote  of  the  electors  of  the  county  at  a  gen- 
eral or  special  election  to  be  called  for  that  purpose.  Notice  submission 
of  the  submission  of  such  resolution  to  the  vote  of  the  elec- to  € 
tors  and,  in  case  a  special  election  is  called,  notice  of  the  call- 
ing of  such  special  election  shall  be  given  in  the  same  man- 
ner and  for  the  same  length  of  time  as  is  now  prescribed  by 
law  for  general  elections.  If  a  majority  of  the  electors  of 
the  county,  voting  on  such  resolution,  shall  vote  in  favor 
thereof,  it  shall  be  deemed  to  have  carried.  The  returns 
of  the  election  herein  provided  for  shall  be  canvassed  and 
the  results  declared  in  the  same  manner  and  by  the  same 
officers  as  is  provided  by  general  law  for  canvassing  the 
returns  of  and  declaring  the  results  in  city,  county  and  dis- 
trict elections.  The  manner  of  stating  the  question  upon 
the  ballots  shall  be  prescribed  by  the  resolution  of  the  board 
of  supervisors. 

Am.   1913,   Act  361. 

(414)     SEC.  2.    A  board  to  be  known  as  the  county  school  county  school 
board  is  hereby  created,  which  shall  have  charge  and  control  powers0™  ed> 
of  all  matters  pertaining  to  the  organization,  equipment  and 
maintenance  of  such  schools,  except  as  otherwise  provided  by 
.law.     Said  board  shall  consist  of  five  members,  one  of  whom  of  whom 
shall  be  the  county  commissioner  of  schools  of  the  county  or  cc 
district  in  which  the  school  is  located.     The  other  members 
of  the  board  shall  be  elected  by  the  board  of  supervisors,  one 
for  one  year,  one  for  two  years,  one  for  three  years  and  one 
for  four  years,  and  thereafter  one  member  of  the  board  shall 
be  elected  annually  for  the  full  term  of  four  years  from  the 
date  of  the  expiration  of  the  term  about  to  become  vacant, 
but  no  member  of  the  board  of  supervisors  shall  be  eligible. 
Vacancies  existing  in  the  board  from  whatever  cause,  except  vacancies, 
in  the  case  of  the  county  commissioner,  shall  be  filled  by  ap-  how  fiUed- 
pointment  made  by  the  chairman  of  the  board  of  supervisors, 


190 


STATE    OP    MICHIGAN. 


Oath,  where 
filed. 


Bond. 


Organization 
of  board. 


if  the  board  of  supervisors  is  not  in  session  when  such  vacancy 
occurs.  If  the  board  of  supervisors  is  in  session,  vacancies 
shall  be  filled  by  election  by  said  board  for  the  unexpired 
term.  Appointments  made  by  the  chairman  of  the  board  of 
supervisors,  as  hereinbefore  specified,  shall  be  for  the  period 
of  time  until  the  next  regular  meeting  of  the  board  of  su- 
pervisors. Each  person  appointed  or  created  a  member  of 
the  county  school  board  •  shall,  within  ten  days  after  the 
notice  of  such  appointment,  take  and  subscribe  an  oath,  to 
support  the  constitution  of  the  United  States  and  the  consti- 
tution of  Michigan,  and  honestly,  faithfully  and  impartially 
to  discharge  his  duties  as  a  member  of  said  board,  to  the 
best  of  his  ability,  which  oath  shall  be  filed  in  the  office  of  the 
county  clerk.  He  shall  also,  within  the  same  time,  file  a  bond 
in  such  sum  as  may  be  fixed  by  the  board  of  supervisors, 
which  bond  shall  be  filed  in  the  office  of  the  county  clerk. 
Within  fifteen  days,  after  the  appointment  of  said  board,  the 
members  thereof  shall  meet  and  organize  by  electing  one  of 
their  number  as  president.  The  county  commissioner  of 
schools  shall  be  ex-officio  secretary  of  the  said  board.  The 
board  hereafter  created  shall  prescribe  the  duties  of  the  sev- 
eral officers  except  as  fixed  by  law. 

(415)  SEC.  3.     Whenever  two  or  more  counties  unite  in 
establishing  such  a  school,  the  provisions  of  section  two  of 
this  act  shall  apply  to  the  organization  of  the  county  school 
board,  and  to  filling  vacancies  therein:     Provided,  That  the 
county  commissioner  of  the  county  in  which  the  school  is 
located  shall  be  a  member  of  the  board  and  ex-officio  its  sec- 
retary; and  two  members  shall    also    be    elected  from  each 
county  by  the  board  of  supervisors  thereof,  one  for  one  year 
and  one  for  two  years,  and  thereafter  one  member  of  the 
board  shall  be  elected  annually  in  each  county  for  the  full 
term  of  two  years,  but  no  member  of  the  county  board  of 
supervisors  shall  be  eligible. 

(416)  SEC.  4.    Whenever  two  or  more  counties  shall  unite 
in  establishing  and   maintaining  a  school  under  the  provi- 
sions of  this  act,  the  county  school  board    herein    provided 
shall,,  on  or  before  the  first  day  of  October  in  each  year,  de- 
termine the  amount  of  money  necessary  for  the  equipment 
and  maintenance  of  said  school  for  the  ensuing  year,  which 
said  amount  they  shall  apportion  among  the  counties  in  pro- 
portion to  the  assessed  valuation  of  each  county  as  last  fixed 
by  the  state  board  of  equalization  and  shall  report  their  esti- 
mate and  apportionment  to  the  county  clerk  of  each  county, 
who  shall  lay  said  report  before  the  board  of  supervisors  at 
its   annual   meeting.    The   amount   so   apportioned   to   each 
county  shall  be  levied  by  the  board  of  supervisors  of  such 
county,  as  a  portion  of  the  county  tax  for  the  ensuing  year, 
for  the  support  of  the  said  school. 


Proceedings 
when  two  or 
more  counties 
unite  in  es- 
tablishing. 

Proviso. 


County  school 
board  to  ap- 
portion ex- 
penses. 


Tax  levy. 


GENERAL    SCHOOL   LAWS.  191 


(417)  SEC.  5.     The    county    treasurer   of   the   county    in  Treasurer  of 
which  said  school  is  located  shall  be  ex-officio  treasurer  of 

said  board;  all  moneys  appropriated  and  expended  under  the 
provisions  of  this  act  shall  be  expended  by  the  county  school 
board  and  shall  be  paid  by  the  said  county  treasurer  on 
orders  issued  by  said  board  or  in  counties  having  a  board  of 
county  auditors,  by  such  auditors,  and  all  moneys  received 
by  said  board  shall  be  paid  to  the  said  county  treasurer  for 
the  fund  of  the  county  school  board. 

(418)  SEC.  6.     In  the  county  schools  of  agriculture  and  instruction 
domestic  economy  organized  under  the  provisions  of  this  act, tc 
instruction  shall  be  given  in  the  elements  of  agriculture  in- 
cluding instruction  concerning  the  soil,  the  plant  life,  and  the 
animal  life  of  the  farm;  a  system  of  farm  accounts  shall  also 

be  taught;  instructions  shall  also  be  given  in  manual  train- 
ing and  domestic  economy  and  such  other  related  subjects  as 
may  be  prescribed. 

(419)  SEC.  7.    Each  such  school  shall  have  connected  with  school  to 
it  a  tract  of  land  suitable  for  purposes  of  experiment  and  have  land- 
demonstration,  of  not  less  than  ten  acres  in  area. 

(420)  SEC.  8.   The  schools  organized  under  the  provisions  school  to 
of  this  act  shall  be  free  to  the  inhabitants  of  the  county  or  b< 
counties  contributing  to  their  support,  who  shall  be  quali- 
fied to  pursue  the  course  of  study  as  prescribed  by  the  school 
board.     Whenever  students  of  advanced    age    desire    admis- 

sion  to  the  school  during  the  winter  months  in  sufficient  num- 
ber to  warrant  the  organization  of  special  classes  for  their  in- 
struction, such  classes  shall  be  organized  and  continued  for 
such  time  as  their  attendance  may  make  necessary. 

(421)  SEC.  9.    The  state  superintendent  of  public  instruc-  superintend- 
tion  shall  give  such  information  and  assistance  and  establish  ?ns\ruction!c 
such  requirements  as  may  seem  necessary  for  the  proper  or-  duty  of 
ganization  and  maintenance  of  such  schools,  and,  with  the 

advice  of  the  president  of  the  Michigan  state  agricultural 
college,  determine  the  qualifications  required  of  teachers  em- 
ployed  in  such  schools :  Provided,  That  no  person  shall  be  Proviso  as  to 
eligible  to  a  position  as  superintendent  of  any  school  estab-  SSe™schooi. 
lished  under  this  act,  who  is  not  a  graduate  of  a  state  college 
of  agriculture.  The  state  superintendent  of  public  instruc- 
tion shall  have  the  general  supervision  of  all  schools  estab- 
lished under  this  act;  shall  from  time  to  time  inspect  the 
same,  make  such  recommendations  relating  to  their  manage- 
ment as  he  may  deem  necessary,  and  make  such  report  there- 
on to  said  schools  as  shall  give  full  information  concerning 
their  number,  character  and  efficiency. 

(422)  SEC.  10.     Any  school  established  under  the  provi-  Schools,  when 
sions  of  this  act,  whose  course  of  study  and  the  qualifications  approve*? list, 
of  whose  teachers  have  been  approved  by  the  superintendent 

of  public  instruction  and  the  president  of  the  Michigan 
state  agricultural  college,  and  which  shall  have  expended  at 


192 


STATE    OP    MICHIGAN. 


least  twenty  thousand  dollars  in  buildings  and  equipment, 
and  shall  have  acquired  title  to  at  least  eighty  acres  of  land 
to  be  used  in  connection  with  said  school,  may,  upon  appli- 
cation, be  placed  upon  the  approved  list  of  county  schools  of 
agriculture,  manual  training  and  domestic  economy.  A 
school  once  entered  upon  said  list  may  remain  listed  and.  be 
entitled  to  state  aid  so  long  as  the  scope  and  character  of  its 
work  are  maintained  in  such  manner  as  to  meet  the  approval 
Annual  report,  of  the  superintendent  of  public  instruction.  On  the  first  day 
in  July  of  each  year  the  secretary  of  each  county  school  board 
maintaining  a  school  on  the  approved  list  shall  report  to  the 
superintendent  of  public  instruction,  setting  forth  the  facts 
relative  to  the  cost  of  maintaining  the  school,  the  character 
of  the  work  done,  the  number  and  names  of  teachers  em- 
ployed, and  if  more  than  one  county  contributes  to  the  sup- 
port of  such  school,  the  amount  so  contributed  by  each 
county  and  such  other  matters  as  may  be  required  by  the 
county  school  board  or  the  said  superintendent.  Upon  the 
receipt  of  such  report,  if  it  shall  appear  that  the  school  has 
been  maintained  in  a  satisfactory  manner  for  a  period  of  not 
less  than  eight  months  during  the  year,  closing  on  the  thir- 
tieth day  of  the  preceding  June,  the  said  superintendent  shall 
make  a  certificate  to  that  effect  and  file  it  with  the  auditor 
general.  Upon  receiving  such  certificate,  the  auditor  general 
shall  draw  his  warrant  payable  to  the  treasurer  of  the  county 
maintaining  such  school  for  a  sum  equal  to  two-thirds  the 
amount  actually  expended  for  maintaining  such  school  dur- 
ing the  year:  Provided,  That  the  total  sum  so  apportioned 
shall  not  exceed  four  thousand  dollars  to  any  one  school  in 
any  one  year :  Provided  further,  That  any  such  school  receiv- 
ing state  aid  shall  be  free  to  the  inhabitants  of  the  state  on 
such  terms  as  may  be  provided  by  said  board  and  the  super- 
intendent of  public  instruction.  When  more  than  one  county 
has  contributed  to  the  support  of  the  school,  the  auditor  gen- 
eral shall  draw  his  warrant  payable  to  the  treasurer  of  each 
county  for  such  portion  of  the  state  aid  as  the  amount  con- 
tributed by  his  county  is  part  of  the  total  amount  contri- 
buted by  all  the  counties  for  the  support  of  the  school  for  the 
preceding  year.  The  auditor  general  shall  annually,  begin- 
ning in  the  year  nineteen  hundred  thirteen,  include  and  ap- 
portion in  the  state  tax  such  sum  as  shall  have  been  so  paid. 


Amount 
drawn. 


Proviso. 


Further 
proviso. 


Tax  clause. 


Added  1909,  Act  219 ;  Am.  1911,  Act  29  ;  1913,  Act  12. 


GENERAL  SCHOOL  LAWS.  193 


An  Act  to  authorize  the  board  of  supervisors  of  each  county  to  ap- 
propriate or  raise  money  by  tax  for  the  encouragement  of  improved 
methods  of  farm  management  and  practical  instruction  and  de- 
monstration in  agriculture. 

[Act  3,  P.  A.  1912   (Sec.  Ex.  Sess.).] 

The  People  of  the  State  of  Michigan  enact: 

(423)      SECTION  1.     The    board     of     supervisors    of    each 
county  is  hereby  authorized  to  appropriate  or  raise  money  by  etc.,  super- 
tax to  be  used  for  co-operative  work  with  the  Michigan  agri-  IpproprSte 
cultural   college  in  encouraging  improved  methods  of  farm  money for- 
management  and  practical  instruction  and  demonstration  in 
agriculture.     It  shall  be  the  duty  of  each  board  of  super- 
visors making  an  appropriation,  or  of  any  county  in  which 
any  money  shall  be  raised  for  the  purposes  of  this  act,  prior 
to  the  time  same  is  available  for  use,  to  prescribe  rules  and 
regulations  for  the  use  and  expenditure  of  same.   The  money  HOW  used, 
so  appropriated  or  raised  by  tax  shall  be  used  and  expended 
under  the  direction  of  the  board  of  supervisors  in  co-opera- 
tion with  the  Michigan  agricultural  college.     No  part  of  any 
money  so  appropriated  or  raised  shall  be  used  to  compensate 
or  pay  the  expenses  of  any  representative    of   the    Michigan 
agricultural  college.     It  shall  be  the  duty  of  the  state  board  ^culture 
of  agriculture  to  co-operate  with  each  board  of  supervisors  to  cooperate, 
appropriating  money,  or  of  any  county  in  which  money  is 
raised  by  tax  under  authority  of  this  act,  and  render  such  as- 
sistance as  may  be  necessary  to  aid  in  carrying  out  the  pro- 
visions of  this  act. 


An  Act  giving  the  assent  of  the  legislature  of  the  state  of  Michigan  to 
the  grant  of  moneys  from  the  United  States  by  act  of  congress  ap- 
proved May  eight,  nineteen  hundred  fourteen,  entitled  "An  act  to 
provide  for  cooperative  agricultural  extension  work  between  the 
agricultural  colleges  in  the  several  states  receiving  the  benefits  of 
an  act  of  congress  approved  July  two,  eighteen  hundred  sixty-two, 
and  of  acts  supplementary  thereto,  and  the  United  States  depart- 
ment of  agriculture,"  and  designating  the  officer  to  whom  the  pay- 
ments are  to  be  made. 

[Act   65,    P.    A.    1915.] 

The  People  of  the  State  of  Michigan  enact: 

(424)  SECTION  1.  The  legislative  assent  required  by  sec- 
tion  three  of  an  act  of  congress,  approved  May  eight,  nine- 
teen  hundred  fourteen,  being  an  act  entitled  "An  act  to  pro- 
vide for  co-operative  agricultural  extension  work  between  the 
agricultural  colleges  in  the-  several  states  receiving  the  bene- 
25 


194 


STATE    OF    MICHIGAN. 


fits  of  an  act  of  congress  approved  July  two,  eighteen  hun- 
dred sixty-two,  and  of  acts  supplementary  thereto,  and  the 
United  States  department  of  agriculture,"  is  hereby  granted, 
and  the  moneys  thereby  given  are  accepted  under  the  terms 
and  conditions  expressed  in-  the  act  of  congress  aforesaid. 

(425)  SEC.  2.  The  moneys  derived  by  authority  of  said  act 
shall  be  exclusively  used  in  support  of  co-operative  agricul- 
tural extension  work,  to  be  carried  on  by  Michigan  agricul- 
tural college,  and  the  secretary  of  the  state  board  of  agri- 
TO  whom  paid,  culture  is  hereby  designated  as  the  officer  to  whom  such 
funds  should  be  paid. 


Moneys, 
how  used 


DAY  SCHOOLS  FOR  THE  DEAF. 

An  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded 
schools  and  boards  of  education  in  cities  to  establish  and  main- 
tain day  schools  for  the  deaf,  and  authorizing  payment  therefor 
from  the  general  fund,  and  repealing  act  number  one  hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-nine  and 
all  other  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 
act. 


Day  schools 
for  deaf, 
when  estab- 
lished, etc. 


Report  to 
superintend- 
ent of  public 
instruction. 


Annual 
budget. 


State  treas- 
urer to  reim- 
burse  district. 


[Act   224,   P.    A.    1905.] 

The  People  of  the  State  of  Michigan  enact: 

(426)  SECTION  1.     That  upon  application  by  a  school  dis- 
trict board,  board  of  trustees  of  a  graded  school,  or  board  of 
education  of  any  city  of  this  state  to  the  superintendent  of 
public  instruction,  he  shall  grant  permission  to  such  board 
to  establish  and  maintain,  and  such  board  shall  thereupon  be 
empowered  to  maintain  within  the  limits  of  its  jurisdiction 
one  or  more  day  schools  having  an  average  attendance  of 
not  less  than  three  pupils,  for  the  instruction  of  deaf  persons 
over  the  age  of  three  years,  whose  parents  or  guardians  in  the 
case  of  orphans  are  residents  of  the  state  of  Michigan. 

(427)  SEC.  2.     Any  board  which  shall  maintain  one  or 
more  day  schools  for  the  instruction  of  the  deaf  shall  report 
to  the  superintendent  of  public  instruction  annually,  and  at 
such  other  times  as  he  may  direct,  such  facts  concerning  the 
school  or  schools  as  he  may  require. 

(428)  SEC.  3.     The  board  of  education  of  the  city  or  dis- 
trict where  a  day  school  for  the  deaf  is  established  shall  in- 
clude in  its  annual  budget  a  sufficient  sum  to  maintain  said 
school  and  out  of  said  sum  shall  pay  said  teachers  monthly. 
To  reimburse  said  city  or  district  for  such  expenditure  the 
state  treasurer  is  hereby  authorized  to  pay  to  the  treasurer 
of  the  proper  school  district,  out  of  the  general  fund,  on  or 
before  July  twenty  Jn  each  year,  upon  the  warrant  of  the 


GENERAL    SCHOOL   LAWS.  195 

auditor  general,  the  actual  expense  incurred  for  teachers' 
salaries  and  purchase  of  necessary  school  appliances  by  any 
school  district  in  support  of  a  day  school  for  the  deaf,  which 
shall  have  been  conducted  in  accordance  with  this  act  dur- 
ing nine  months  of  the  school  year,  as  shown  by  vouchers 
filed  with  the  auditor  general  and  certified  to  be  correct  by 
the  superintendent  of  public  instruction :  Provided,  That  Proviso  as  to 
the  total  amount  paid  on  account  of  any  one  school  district 
or  city  shall  not  exceed  one  hundred  fifty  dollars  for  each  - 
deaf  pupil  instructed  in  any  such  school  during  the  school 
year,  and  a  part  of  such  sum  proportionate  to  the  time  of  in- 
struction of  any  such  pupil  so  instructed  less  than  nine 
months  during  each  year:  And  be  it  further  Provided,  That  Jjjfeviso  as  to 
the  title  for  all  school  appliances  purchased  shall  vest  in  the 
state  and  inventory  thereof  filed  with  the  superintendent  of 
public  instruction  July  first  of  each  year. 

(429)  SEC.  4.     The  district  board  or  board  of  education  vouchers, 
shall   cause  to   be  executed  monthly,  vouchers  in   triplicate  show,  etc. 
upon  forms  prepared  and  furnished  by  the  auditor  general  so 

as  to  show  the  rate  of  salary  paid  to  instructors  -of  the  deaf 
and  the  time  covered  by  such  payment,  also  vouchers  in  trip- 
licate upon  forms  prepared  and  furnished  by  the  auditor  gen- 
eral, showing  the  school  appliances  purchased  and  price  for 
each  article  or  series  of  articles.  The  treasurer  of  said 
school  district  is  required  to  forward  two  copies  of  these  re-  superintend- 
ceipted  vouchers  to  the  superintendent  of  public  instruction 
within  the  first  five  days  of  the  month  succeeding  the  month 
covered  by  the  payment.  On  or  before  the  fifteenth  of  each 
month  the  superintendent  of  public  instruction  shall  present 
one  set  thereof  to  the  auditor  general  authorizing  him  to  pay 
to  the  treasurer  of  the  proper  school  district  the  amount 
covered  by  the  certified  vouchers  presented. 

(430)  SEC.  5.     All  teachers  in  such  schools  shall  be  ap-  Employment 
pointed  and  employed  as  other  public  school  teachers  are  ap-  etc.ea< 
pointed  and  employed.  All  persons  appointed  to  teach  in  any 

such  school  shall  have  had  special  training  for  teaching,  and 

shall  be  graduates  of  a  training  school  for  teachers  of  the 

deaf  by  the  "oral"  method,  and  shall  also  have  had  special 

training  in  the  teaching  of  the  deaf,  including  at  least  one 

year's  experience  as  a  teacher  in  a  school  for  the  deaf.    The  ^{j^  to  be 

so-called  "oral"  system  shall  be  taught  by  such  teachers,  and  taught- 

if  after  a  fair  trial  of  nine  months,  any  of  such  children  shall 

for  any  reason  be  unable  to  learn  such  oral  method,  then  no 

further  expense  shall  be  incurred  in  the  effort  to  teach  such 

child,  so  unable  to  learn  such  oral  method,  in  such  primary 

schools. 

(431)  SEC.  6.    For  the  purpose  of  this    act,    any   person 
of  sound  mind  who,  by  reason  of  defective  hearing,  cannot 
profitably  be  educated  in  the  public  schools,  as  other  children 
are,  shall  be  considered  deaf. 

Sec,  7.     Repeals  Act  176, 


196 


STATE    OF    MICHIGAN. 


PAYMENT  OF  SUBCONTRACTORS. 


Bond  required 
for  payment 
of  subcon- 
tractors. 


Subcontract- 
ors to  give 
written 
notice. 


When  en- 
titled to 
benefit  of 
security,   etc. 


Bond,  to 
whom  exe- 
cuted, sure- 
ties, by  whom 
approved,  etc. 


An  Act  to  insure  the  payment  of  subcontractors  and  wages  earned 
and  material  used  in  constructing,  repairing  or  ornamenting  public 
buildings  and  public  works. 

[Act  187,   P.   A.   1905.] 

The  People  of  the  State  of  Michigan  enact: 

(432)  SECTION  1.     When  public  buildings  or  other  pub- 
lic works  are  about  to  be  built,  repaired  or  ornamented  under 
contract  at  the  expense  of  the  state,  or  of  any  county,  city, 
village,  township  or  school   district  thereof,  it  shall  be  the 
duty  of  the  board  of  officers  or  agents,  contracting  on  behalf 
of  the  state,  county,  city,  village,  township  or  school  district, 
to  require  sufficient  security  by  bond  for  the  payment  by  the 
contractor  of  all  subcontractors  and  for  the  payment  for  all 
labor  performed  and  materials  furnished  in  the  erection,  re- 
pairing or  ornamenting  of  such  building  or  works. 

(433)  SEC.  2.     In  the  case  of  a  subcontractor,  he  shall 
give  notice  in  writing  before  payment  is  made  for  the  work 
or  materials  furnished  by  him  to  the  said  board  of  officers 
or  agents,  that  he  is  a  subcontractor  for  the  doing  of  some 
part  of  such  work  which  he  shall  specify  in  his  notice  and 
that  he  relies  upon  the  security  of  the  bond  by  this  act  re- 
quired to  be  given  by  the  principal  contractor,  and  that  in 
the  case  of  the  giving  of  such  notice  to  the  said  board  of 
officers   or   agents  said   subcontractor  shall   also   notify  the 
principal  contractor  that  he  has  done  so,  and  whenever  this 
shall  have  been  done,  the  said  subcontractor  shall  be  entitled, 
subject  to  the  rights  of  the  persons  with  whom  he  has  con- 
tracted for  labor  and  materials,  to  the  benefit  of  the  security 
given  by  the  principal  contractor,  and  to  be  subrogated  to 
the  liens  of  the  persons  who  have  performed  labor  or  fur- 
nished materials  for  such  building,  repairs  or  ornamentation, 
whom  he  shall  have  actually  paid,  but  the  subcontractor  and 
the    persons    who    shall  have  performed  labor  or  furnished 
materials  to  him  shall  not  in  the  aggregate  be  entitled  to  re- 
ceive larger  sums  than  may  be  required  from  the  principal 
contractor  under  his   contract   with   the   subcontractor,  nor 
shall  this  act  be  construed  to  change  in  any  way  the  contract 
which  may  have  been  made  between  the  principal  contractor 
and  the  subcontractor,  except  when  such  contract  shall  at- 
tempt to  relieve  the  principal  contractor  as  against  the  de- 
mands of  those  performing  labor  or  furnishing  materials  to 
the  subcontractor. 

(434)  SEC.  3.     Such  bond  shall  be  executed  by  such  con- 
tractor to  the  people  of  the  state  of  Michigan  in  such  amount 
and  with  such  sureties  as  shall  be  approved  by  the  board  of 
officers  or  agents  acting  on  behalf  of  i;he  state,  county,  city, 
village,  township,  or  school  district  as  aforesaid,  and  shall  be 


GENERAL  SCHOOL  LAWS.  197 

conditioned  for  the  payment  by  such  contractor  to  any  sub- 
contractor or  by  any  such  contractor  or  subcontractor  as  the 
same  may  become  due  and  payable  of  all  indebtedness  which 
may  arise  from  said  contractor  to  a  subcontractor  or  party 
performing  labor  or  furnishing  materials,  or  any  subcontrac- 
tor to  any  person,  firm  or  corporation  on  account  of  any 
labor  performed  or  materials  furnished  in  the  erection,  re- 
pairing or  ornamentation  of  such  building,  improvement  or 
works:  Provided,  however,  That  the  principal  contractor 
shall  not  be  required  to  make  any  payment  to  a  subcontractor 
of  sums  due  from  the  subcontractor  to  parties  performing 
labor  or  furnishing  materials,  except  upon  the  receipt  or  the 
written  orders  of  such  parties  to  pay  the  sums  due  to  them  to 
subcontractors.  Such  bond  shall  be  deposited  with  and  held 
by  such  board  of  officers  or  agents  for  the  use  of  any  party  in- 
terested therein. 

Sureties  on  a  bond  given  for  the  benefit  of  laborers  and  materialmen  can- 
not avoid  liability  by  showing  a  failure  of  the  municipal  authorities  to  ap- 
prove the  bond. — People  v.  Carroll,  151  /  233. 

(435)      SEC.  4.    Such  bond  may  be  prosecuted  and  a  re-  Recovery 
co very  had  by  any  person,  firm  or  corporation-  to  whom  any  On  bondd 
money  shall  be  due  and  payable  on  account  of  having  per- 
formed any  labor  or  furnished  any  materials  in  the  erection, 
repairing  or  ornamentation  of  any  such  building  or  works,  in 
the  name  of  the  people  of  this  state  for  the  use  and  benefit  of 
such  person,  firm  or  corporation :     Provided,  however,    That  Proviso. 
in  the  case  of  a  suit  for  the  benefit  of  a  subcontractor,  he 
shall  be  required  to  allege  and  prove  that  he  has  paid  to  all 
parties  entitled  thereto  the  full  sums  due  to  them  for  labor 
or  materials  contracted  for  by  him :     And  Provided  further,  Further 
That  in  no  case  brought  under  the  provisions  of  this  act  shall  p] 
the  people  of  this  state  be  liable  for  costs. 


CITIES  OF  FOURTH  CLASS. 

An  Act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class. 
[Extract  from  Act  215,  P.  A.  1895,  Chap.  XXXII. ] 

(436)      §  3338.     SECTION  1.    Each  city  incorporated  under  city  to  con- 
this  act  shall  constitute  a  single  schpol  district.    Such  school  Schoof  dlsfrict. 
district  shall  be  a  body  corporate,  by  the  name  and  style  of 

the  "public  schools  of  the  city  of   "   (naming  the 

city)  and  shall  possess  the  usual  powers  of  corporations  for 
public  purposes;  and  in  that  name  may  sue  and  be  sued, 
and  purchase,  acquire,  hold  and  dispose  of  such  real  and  per- 
sonal property  as  is  authorized  to  be  purchased,  acquired  or 


198 


STATE    OP   MICHIGAN. 


Proviso  as  to 
reincor- 
porated  cities 
and  villages. 


Board  of 
education, 
of  whom  to 
consist. 


Annual 
election. 


Term  of 
office. 


disposed  of  by  this  chapter:  Provided,  That  if  in  any  village 
re-incorporated  as  a  city  or  any  city  re-incorporated  under 
and  made  subject  to  the  provisions  of  this  act,  there  shall  be 
a  school  district  extending  beyond  the  city  limits,  or  having 
a  special  charter,  then  such  school  district  shall  not  be  gov- 
erned by  the  provisions  of  this  chapter,  but  all  the  laws  and 
regulations  now  governing  such  district  shall  remain  in  full 
force  and  effect  the  same  as  if  such  city  or  village  had  not 
been  re-incorporated. 

Am.  1905,  Act  106. 

Act  279  of  1909,  sec.  4,  as  amended  by  Act  5  of  1913,  known  as  the  "Home 
Rule"  act,  in  paragraph  (f),  providing  "for  the  establishment  of  any  depart- 
ment" deemed  "necessary  for  the  general  welfare  of  the  city,"  expressly  ex- 
cepts  "public  schools." 

A  municipal  corporation  may  receive  and  hold  personal  property  in  trust  for 
educational  purposes. — Hatheway  v.  Sackett,  82  /  97.  Also  for  library  pur- 
poses.— Maynard  v.  Woodard,  36  /  423. 

Exercise  of  the  veto  power  by  the  president  of  the  Bay  City  school  board. — 
Lichtig  v.  Saginaw  Circuit  Judge,  180  /  667. 

(437)  §  3339.  SEC.  2.  The  board  of  education  of  such 
public  schools  shall  consist  of  six  trustees,  who  shall  be  quali- 
fied electors  of  the  school  district,  and  the  regular  annual 
election  of  school  trustees  shall  be  held  on  the  second  Monday 
of  July  of  each  year.  At  the  first  election  held  under  this  act 
two  trustees  shall  be  elected  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years 
from  the  second  Monday  of  July  of  such  year,  and  the  term 
for  which  each  trustee  is  elected  shall  be  designated  on  the 
ballot  cast  for  him.  Annually  thereafter  two  trustees  shall 
be  elected  for  a  term  of  three  years  from  and  after  the  second 
Monday  of  July  of  the  year  when  elected  and  until  their  suc- 
cessors are  qualified  and  enter  upon  the  duties  of  their  offices. 

Am.  1905,  Act  231. 


school  (438)     §  3340.     SEC.  3.     Such    annual    election    of    school 

eiectum'of.  trustees  as  above  provided  shall  be  held  at  such  places,  not 
exceeding  five,  in  each  city  as  the  board  of  education  shall 
designate.  In  the  designation  of  such  places  it  shall  be  the 
duty  of  said  board  to  choose  places  most  convenient  for  the 
Proviso,  polls,  accommodation  of  the  voters:  Provided,  That  there  shall  be 
not  more  than  one  polling  place  in  any  one  ward.  The  polls 
shall  be  open  at  nine  o'clock  in  the  forenoon  and  shall  con- 
tinue open,  without  intermission  or  adjournment,  until  the 
hour  of  eight  o'clock  in  the  afternoon,  at  which  time  they 
shall  be  finally  closed.  Said  election  shall  be  by  ballot  and, 
except  as  herein  otherwise  directed,  shall  be  conducted  in  all 
respects,  including  the  manner  of  selecting  candidates,  the 
placing  of  names  of  candidates  upon  the  ballots,  the  printing 
of  the  ballots,  erection  of  booths,  etc.,  in  the  manner  arid 
in  conformity  with  the  provisions  of  law  governing  in  the 
ca'se  of  annual  township  elections.  All  the  penalties  of  the 
general  election  law  relative  to  neglect  of  duty  or  violation 
of  the  terms  of  this  act  shall  be  applicable.  The  members  of 


Election,  how 

conducted, 

etc. 


Penalties. 


GENERAL    SCHOOL   LAWS.  199 

the  said  school  board  shall  be  governed  by  the  same  re- 
strictions and  shall  perform  similar  duties  to  those  prescribed 
for  the  township  board  at  annual  township  meetings.  Notice  Notice  of 
of  the  time  and  places  of  holding  such  elections  shall  be 
"given  by  the  secretary  of  the  board  not  less  than  fifteen 
days  before  the  said  election  by  placing  such  notices  in 
three  of  the  most  public  places  in  each  ward  of  the  city, 
and  by  .publishing  a  copy  thereof  in  one  or  more  newspapers 
published  in  the  city  for  the  same  length  of  time  before 
the  election.  On  or  before  the  twentieth  day  of  June  in 
each  year  the  board  of  education  shall  appoint  three  elec- 
tion commissioners.  All  nominations  for  the  office  of  trus-  Nominations, 
tee  shall  be  made  by  petition  signed  by  at  least  twenty-five 
qualified  electors  of  said  district.  All  nomination  petitions 
shall  be  filed  by  the  respective  candidates  with  said  elec- 
tion commissioners  at  least  five  days  before  the  election.  The  Election  com- 
said  election  commissioners  shall,  after  the  time  during  which  duty™?18' 
nomination  petitions  may  be  filed  has  elapsed,  proceed  to  de- 
termine by  lot  the  place  which  each  candidate  shall  have  upon 
the  official  ballot;  and  thereupon  said  commissioners  shall 
cause  to  be  printed  ballots  in  the  same  manner  and  form  as 
near  as  may  be  as  now  used  in  the  election  of  city  officers. 
They  shall  deliver  said  ballots  when  printed  to  the  secretary 
of  the  board  of  education  the  day  preceding  the  day  of  elec- 
tion. Nothing  contained  herein,  however,  shall  be  construed 
so  as  to  prevent  any  elector  from  voting  for  any  person  by 
pasting  or  writing  the  name  of  his  candidate  or  candidates  in 
pencil  on  his  ballot. 

Am.  1907,  Act  110;  1911,  Act  221. 

(439)  §  3341.  SEC.  4.  The  board  of  education  of  such  inspectors  of 
public  schools  shall  choose  one  member  of  said  board  and  also 
another  qualified  elector  of  said  city  to  act  as  inspectors  of 
election  in  each  polling  place,  and  the  electors  present  at  the 
opening  of  each  polling  place  shall  choose  another  qualified 
elector  of  said  district  and  the  three  together  shall  constitute 
a  board  of  inspectors  for  such  election  at  such  polling  place : 
Provided,  That  no  candidate  for  trustee  shall  act  as  inspector  proviso, 
of  election,  and  if  any  of  said  trustees  are  so  disqualified  the 
board  of  education  shall  choose  another  qualified  elector  to 
act  as  such  inspector  of  election,  and  if  the  persons  so  chosen 
as  inspectors  of  election  shall  not  be  present  at  the  opening 
of  the  polls  or  remain  in  attendance,  the  electors  present 
may  choose  viva  voce  such  number  of  electors  present  as  shall 
constitute  a  board  of  three  inspectors  of  such  election,  and  if 
the  two  inspectors  of  election  chosen  by  the  board  of  educa- 
tion shall  be  present  at  the  opening  of  the  polls  and  remain 
in  attendance  the  electors  present  shall  choose  one  elector 
present  who  together  with  the  two  inspectors  chosen  by  the 
board  of  education  shall  constitute  a  board  of  three  inspectors 


200 


STATE    OF    MICHIGAN. 


Oath. 


Board  of  in- 
spectors, 
power  of, 
etc. 


Proviso. 


Inspectors, 
duty  of. 


Canvass. 


Report  to 
board. 


Declaration 
of  result. 


of  election  for  each  polling  place.  Each  of  said  inspectors 
shall  take  the  required  oath  to  faithfully  perform  the  duties 
of  inspector  of  such  election.  Said  board  of  inspectors  of  elec- 
tion in  each  polling  place  shall  elect  one  of  its  number  as 
chairman  and  one  of  its  number  as  secretary  of  the  board  of 
inspectors.  The  qualifications  of  voters  at  such  election  or 
the  school  district  meetings  shall  be  such  as  are  or  may  here- 
after be  prescribed  by  the  general  election  laws.  The  board 
of  inspectors  shall  have  the  same  authority  and  power  in 
maintaining  and  enforcing  order  and  obedience  to  its  lawful 
commands  at  such  elections  and  during  the  canvass  of  the 
votes  as  are  conferred  by  the  general  laws  of  the  state  upon 
school  officers  in  similar  cases:  Provided,  however,  That 
electors  shall  cast  their  votes  at  the  polling  place  in  the  ward 
in  which  they  reside  if  there  be  a  polling  place  in  such  ward, 
and  if  no  polling  place  is  provided  or  held  in  such  ward  then 
the  board  of  education  of  the  said  city  shall  designate  the 
polling  places  where  the  voters  of  such  ward  having  no  poll- 
ing place  shall  vote,  and  in  such  event  the  board  of  education 
shall  name  in  ,the  notice  of  election  the  said  polling  places. 

Am.  Id. 

(440)  §  3342.     SEC.  5.     The  board  of  inspectors  of  each 
polling  place  shall  make  a  poll  list  of  names  of  persons  voting 
at  such  election  in  that  polling  place.     It  shall  also  have 
the  last  school  census  or  a  copy  thereof  present  at  such  elec- 
tion, open  for  inspection  by  any  citizen ;  it  shall  also  have  the 
right  of  access  to  the  registration  books  of  the  several  poll- 
ing places  of  the  city  if  it  deem  it  necessary,  and  for  that 
purpose  it  may  require  the  city  clerk  to  attend  such  election 
with  such  registers  in  the  voting  places  designated  by  the 
board  of  education. 

Am.  Id. 

(441)  §  3343.     SEC.  6.     When  said  polls  shall  be  finally 
closed  the  board  of  inspectors  of  the  different  polling  places 
shall  proceed  publicly  to  count,  determine  and  declare  the 
number  of  votes  cast  and  for  whom,  and  shall  on  the  same 
or  on  the  next  succeeding  day  make  up  and  sign  a  statement 
in  writing  showing  the  whole  number  of  votes  cast  and  the 
number  of  votes  cast  for  each  person  for  whom  votes  were 
cast;  such  statement,  together  with  the  minutes  and  other 
papers  of  election,  shall  be  filed  with  the  secretary  of  the 
board    of    education.     The  inspectors  of  the  several  voting 
places  shall  forthwith  report  in  writing  to  the  secretary  of 
said  board  the  number  of  votes  cast  and  for  whom,  and  the 
number  of  votes  cast  for  each  person,  which  shall  be  filed  with 
the  secretary  of  the  board  of  education.    The  person  or  per- 
sons who  shall  have  received  the  highest  number  of  votes  for 
such  office  of  trustee  for  the  several  terms  designated  upon 


GENERAL    SCHOOL    LAWS.  201 

the  ballot  shall  be  declared  elected  by  the  board  of  trustees 
without  delay,  and  if  two  or  more  persons  shall  have  received 
an  equal  number  of  votes  where  only  one  trustee  is  to  be 
elected,  the  said  board  of  trustees  shall  choose  one  of  said 
persons  by  lot  as  such  trustee.    The  ballots  shall,  when  the  Ballots,  dis- 
vote  shall  have  been  declared,  be  returned  to  the  boxes  and  p( 
the  boxes  be  locked  and  sealed  and  deposited  with  the  secre- 
tary at  the  time  of  the  filing  of  said  statement.   Each  person  Oath  of  office, 
so  declared  elected  to  the  office  of  school  trustee  under  the 
provisions  of  this  act  shall,  within  five  days  after  he  has  been 
declared  elected,  qualify  by  taking  and  subscribing  the  re- 
quired oath  of  office  and  filing  the  same  with  the  secretary 
of  the  board  of  education. 

Am.    1911,    Act   221. 


SCHOOL  SITES. 

An  Act  authorizing  the  commissioner  of  the  state  land  office  to 
sell  sites  to  school  districts,  churches  and  cemetery  associations 
from  lands  held  by  the  state  as  tax  homestead  lands. 

[Act  223,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(442)     SECTION  1.     The  commissioner  of    the    state    land  sites  for 
office  is  hereby  authorized  to  sell  sites    to    school    districts,  commissioner 
churches  and  cemetery  associations  from  any  lands  held  bymayseU- 
the  state  of  Michigan  as  tax  homestead  lands,  at  such  price 
as  shall  be  fixed  by  the  said  commissioner.    The  application  Application, 
for  the  purchase  of  such  sites  shall  be  made  by  the  proper 
officers  of  the  school  district,  or  the  trustees  of  the  church  or 
cemetery  association,  upon  blanks  prepared  and  furnished  by 
the  said  commissioner  for  that  purpose :    Provided,  That  the  proviso, 
said  commissioner  shall  not  sell  for  any  such  purpose  any 
land  in  excess  of  the  amount  which  may  be  necessary  for 
the  use  of  any  such  school  district,  church  or  cemetery  asso- 
ciation :     Provided  further,  That  any  land  so  sold  shall  be  Further 
used  solely  for  the  above  purposes,  and  when  same  ceases  to  Proviso- use- 
be  used  for  such    purpose,    it    shall    revert  to  the  state  of 
Michigan. 

Act  270  of  1913  abolishes  the  office  of  commissioner  of  the  state  land  office 
and  transfers  his  duties  to  the  public  domain  commission  and  the  superintendent 
of  public  instruction. 


202 


STATE    OP    MICHIGAN. 


APPROVAL  OF  PLANS  FOR  SCHOOL  BUILDINGS. 

An  Act  to  require  plans  for  all  school  buildings  and  for  additions  to 
school  buildings,  the  cost  of  which  shall  exceed  three  hundred  dol- 
lars, to  be  approved  by  the  superintendent  of  public  instruction,  and 
to  authorize  the  condemnation  of  school  houses  under  certain  condi- 
tions. 

[Act  17,   P.   A.   1915.] 


Plans  to  be 
submitted  to 
superintend- 
ent of  public 
instruction. 


Approval. 


Proviso, 
inspection 
during  con- 
struction. 


Condemna- 
tion of 
schoolhouse. 


Notice  to 
board  of 
education. 


When  super- 
intendent 
may  close 
building. 


Proviso, 
placing  in 
safe  con- 
dition. 


Proviso, 
vacation  of 
order  to  close 


The  People  of  the  State  of  Michigan  enact: 

(443)  SECTION   1.     No  school  house    shall    hereafter    be 
erected  in  any  school  district  in  this  state,  and  no  addition  to 
a  school  building  in  any  such  district    shall    hereafter    be 
erected,  the  cost  of  either  of  which  shall  exceed  three  hundred 
dollars,  until  the  plans  and  specifications  for  the  same  shall 
have  been  submitted    to    the    superintendent    of    public    in- 
struction and  his  approval  indorsed  thereon.    Such  plans  and 
specifications  shall  be  submitted  in  duplicate  and  shall  show 
in  detail  the  ventilation,    heating    and    lighting:     Provided, 
That  the  said  superintendent  of  public  instruction  shall  have 
authority  to  inspect  such  building  or  buildings  during  the 
process  of  construction  in  order  to  determine  that  the  provi- 

•  sions  of  this  act  are  being  complied  with. 

(444)  SEC.  2.     The  superintendent  of  public  instruction 
shall  have  authority  to  inspect  and  condemn  school  houses. 
After  an  inspection  of  a  school  house,  if  in  the  judgment  of 
the  said  superintendent  of  public  instruction  such  building, 
or  any  part  thereof,  is  not  in  a  safe  and  sanitary  condition, 
notice  thereof  shall  be  given  to  the  district  board  or  board 
of  education  of  the  district  in  which  such  building  is  located, 
said  notice  to  be  given  at  least  six  months  preceding  the 
first  day  of  August.     On  the  first  day  of  August  following 
such  notice  given,  if  said  building  has  not  been  placed  in  a 
safe  and  sanitary  condition  by  the  district  board  or  board  of 
education,  said  superintendent    of    public    instruction    shall 
have  authority  to  close  such  building,  or  a  part  thereof,  and 
such  building,  or  part  thereof,  shall  not  again  be  opened  for 
public  use  until  such  building,  or  part  thereof,  shall  have 
been  placed  in  a  safe  and  sanitary  condition  to  the  satisfac- 
tion of  the  said  superintendent  of  public  instruction :    Pro- 
vided,  That  after  such  building,  or  part  thereof,  has  been 
closed  for  public  use  said  superintendent  of  public  instruc- 
tion   shall    be    authorized    and    he    is    hereby    required    to 
have  such    building,   or    part    thereof,    placed    in    a    safe 
and  sanitary  condition  at  the  expense  of  the  district:     Pro- 
vided,    That    any    district    board    or    board    of    education, 
being    dissatisfied    with    the    order    of    the    superintendent 
of  public  instruction  determining  such  schoolhouse  to  be  in 
an  unsafe  or  insanitary  condition,  may  within  thirty  days  of 
the   issuance   of   such   order  and   notice   thereof,    commence 


GENERAL    SCHOOL    LAWS. 


203 


an  action  in  the  circuit  court  in  chancery  for  the  county  in 
which  such  schoolhouse  is  located,  against  the  superintend- 
ent of  public  instruction  as  defendant,  to  vacate  and  set 
aside  such  order  on  the  ground  that  said  order  is  unlawful 
or  unreasonable;  in  which  suit  the  superintendent  of  public 
instruction  shall  be  served  with  subpoena  and  a  copy  of  the 
complaint. 

(445)     SEC.  3.    No  tax  voted  by  a  district  meeting,  or  other  Jxapxe£°tdto  be 
competent  authority  in   any  such  school -district,  exceeding  without 
the  sum  of  three  hundred  dollars  for  building  purposes,  shall  oTpianst10 
be  expended  by  the  district  board  or  board  of  education  of 
such  district  until  the  superintendent  of  public  instruction 
shall  certify  that  the  plans  and  specifications  for  the  same 
comply  with  the  provisions  of  this  act. 


SCHOOL    BONDS. 

An  Act  to  exempt  from  taxation  bonds  hereafter  issued  by  any  county, 
township,  city,  village  or  school  district  within  the  state  of  Michi- 
gan. 

[Act   88,   P.   A.   1909.] 


The  People  of  the  State  of  Michigan  enact: 
(446)      SECTION   1.     All   bonds   hereafter  issued    by 


any 


county,  township,  city,  village  or  school  dis-trict  within  the  taxation 
state  of  Michigan  pursuant  to  statute  are  hereby  exempted 
from  all  taxation. 

Sec.   2   repeals  inconsistent  acts. 


An  Act  to  prescribe  and  limit  the  power  of  school  districts  having  a 
population  of  more  than  fifteen  thousand  and  less  than  one  hundred 
thousand  to  borrow  money  and  issue  bonds  of  such  district  there- 
for, and  to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith. 

[Act  150,  P.  A.  1915.] 
The  People  of  the  State  of  Michigan  enact: 

(447)     SECTION  1.    Any  school  district  within  the  state  of  Power  to 
Michigan,  whose  population  shall  exceed  fifteen  thousand  and  £nT 
be  less  than  one  hundred  thousand,  shall  have  power  and  bonds- 
authority  to  borrow  money  and  issue  bonds  to  an  amount 
not  greater  than  five  per  cent  of  the  total  assessed  valuation 
of  said  district.     Subject,  however,  to  all  provisions  of  law  Referendum 
now  or  hereafter  in  force  relative  to  the  submission  to  the 


204  STATE    OF    MICHIGAN. 


electors  of  such  districts  of  any  or  all  questions  relative  to 
such  borrowing  of  money  and  issuing  of  bonds  therefor. 

(448)  SEC.  2.  All  acts  or  parts  of  acts,  whether  local  or 
general,  in  anywise  conflicting  with  the  provisions  of  this  act 
are  hereby  repealed. 


FIRE  PROTECTION  IN   THE  SCHOOLS. 

[Extract  from  Act  285,  ;P.  A.  1909.] 

Inspectors  ?449)      KEC.   13.     Factory  inspectors  shall  have  power  to 

power  to  condemn  all  school  houses  if  in  their  opinion  they  are  unsafe 
and  liable  to  collapse  and  cause  the  lives  of  children  to  be  en- 
dangered; also  factory  inspectors  shall  have  power  to  order 
fire  escapes  on  all  manufacturing  establishments,  hotels, 
stores,  theaters,  schools,  halls,  public  and  office  buildings  two 
or  more  stories  in  height,  and  apartment  houses  three  or 
more  stories  in  height,  if  in  the  opinion  of  the  factory  inspec- 
tor it  be  necessary  to  insure  the  safety  of  persons  in  such 
places ;  said  fire  escape  or  means  of  egress,  or  as  many  there- 
of as  may  be  deemed  sufficient  by  the  inspector,  shall  be  pro- 
vided, and  where  it  is  necessary  to  provide  fire  escapes  on  the 
outside  of  such  building  they  shall  consist  of  landings  and 
balconies  at  each  floor  above  the  first,  to  be  built  according  to 

Doors  to  open  specifications  provided  by  the  factory  inspector.  All  doors 
in  school  houses  and  the  doors  of  the  capitol  building  and  all 
state  institutions  shall  open  outward.  Factory  inspectors 
shall  in  writing  notify  the  owner,  agent  or  lessee  of  such 
manufacturing  establishments,  hotels,  stores,  theaters, 
schools,  halls,  apartment  houses  and  public  and  office  build- 
ings of  the  required  location  and  specifications  of  such 
escapes  as  may  be  ordered  and  as  to  all  failures  to  comply 

Penalty.  with  the  provisions  of  this  act.  Any  person,  firm  or  corpora- 
tion, or  any  member  of  any  school  board,  who  shall  violate  or 
cause  to  be  violated  any  of  the  provisions  of  this  section,  or 
shall  fail  or  refuse  to  erect  or  cause  to  be  erected  any  fire 
escape  ordered  by  any  factory  inspector,  under  authority  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  one  hundred  dol- 
lars nor  more  than  one  thousand  dollars,  or  imprisoned  for 
not  less  than  three  months  nor  more  than  one  year,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the 
court. 

Am.  1911,  Act  251. 


GENERAL    SCHOOL   LAWS.  205 

ESTABLISHMENT,  ETC.,  OF  HIGHWAY  TO  SCHOOL   BUILDING. 

[Extract  from  Chap.   I,   Act  283,  P.  A.  1909.] 

(450)     SEC.  10.     *  *  *  *    The  said  township   board    shall  gj 
cause  to  be  established  and  improved  a  public  highway  to  schooi 
each  and  every  public  school  building  in  any  organized  school 
district  in  every  township,  and  where  a  highway  is  already 
laid  out  and  established,  and  not  improved  and  made  pass- 
able to  any  such  public  school  building,  the  said  board  shall 
cause  the  same  to  be  so  improved  and  made  passable  for 
public  use. 


APPENDIX. 


APPENDIX. 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  I>AWS. 


FORM  No.  1. 

Notice  by  the  clerk  of  the  township  board  to  a  taxable  inhabitant  of  a  district  of 

the  time  of  its  formation. 

[See  sections  28,  29.] 

To  A B 

SIB — The  township  board  of  the  township  of have  formed  a  school 

district  in  said  township,  to  be  known  as  district  No and  bounded  as  fol- 
lows: [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at ,  on  the 

day  of 19 ,  at  o'clock,  .  .M.,  and  you  are  instructed 

to  notify  every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous 
to  said  meeting,  either  personally  or  by  leaving  a  written  notice  at  his  place  of 
residence.  You  will  indorse  on  this  notice  a  return,  showing  each  notification, 
with  the  date  or  dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meet- 
ing. 

Dated  this day  of ,  19 

(Signed.)  C D , 

Clerk  of  the  Township  Board. 


FORM  No.  2. 

Notice  of  first  meeting — when  made  in  writing  to  be  left  at  the  house  of  every 

legal  voter. 

[See  sections  28,  29,  43.] 

To   G D 

SIR — School  district  No of  the  township  of having  been  formed 

by  the  township  board,  you,  as  a  legal  voter  in  said  district,  are  hereby  notified 

that  the  first  meeting  thereof  will  be  held  at ,  on  the day  of 

; . . . ,  19 ,  at  o'clock M. 

Dated  this day  of ,'  19. . . . 

(Signed.)  A B 

[The  person  appointed  to  give  notice.] 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)   by  Taxable  Inhabitant. 
[See  sections  28,  29,  43.] 

I,  A '. .     B ,  hereby  return  the  within  (or  annexed)  notice,  hav- 
ing notified  the  qualified  voters  of  the  district,  as  follows: 

27 


210 


APPENDIX. 


NAMES. 


DATE. 


How  NOTIFIED. 


A B January  1,  19 Personally. 

C D January  1,  19 Written  notice. 

E F January  2,  19 Personally. 

Dated  this day  of 19 

(Signed.)  A B 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[See  section  37.] 

To  the  Director  of  School  District  No ,  Township  of 

SIR — At  a  meeting  of  the  township  board  of  the  township  of held 

19 ,  the  boundaries  of  school  district  No.  . . ,  township  of , 

were  altered  in  such  manner  that  the  territory  of  said  district  now  includes  the 
following:  [Here  insert  the"  description.] 

Dated  this day  of 19 

(Signed.)  C D , 

Clerk  of  the  Township  Board. 

FORM  No.  5. 

Notice  of  Meeting  of  Township  Board. 
[See  section  34.] 

NOTICE — A  meeting  of  the  township  board  of  the  township  of ,  will 

be  held  at ,  on  the day  of 19 ,  at 

o'clock  ..M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  be- 
fore the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state 
the  alterations  proposed.] 

Dated  this day  of ,  19 

(Signed.)  A B 

Clerk  of  the  Township  Board. 

FORM  No.  6. 

Appointment  of  District  Officers  by  Township  Board. 
[See  section  49.] 

The  undersigned  members  of  the  township  board  of  the  township  of , 

do  hereby  appoint  A *.     B [director,  moderator  or  treasurer,  as 


APPENDIX.  211 


the  case  may  be]  of  school  district  No ,  in  said  township,  the  district  board 

having  failed  to  appoint. 

Dated  this day  of 19 

C D 

E P , 

G H , 

Township  Board. 


FORM  No.  7. 

Notice  to  Township  Board  requesting  it  to  fix  School  Site. 
[See  section  102.] 

To  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  the  legally  qualified  voters  resident  in  school  dis- 
trict No ,  township  of  ,  county  of ,  are  unable  to  fix  a 

school  site  for  said  district  and  you  are  hereby  requested  to  call  a  meeting  of  the 

township  board  of  the  township  of for  the  purpose  of  fixing  a  site  for 

said  school  district. 

Dated  this day  of 19 

(Signed.)  A B 

Director. 


FORM  No.  8. 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Township  Board 

when  it  establishes  a  Site. 

[See  section  102.] 

The  inhabitants  of  school  district  No ,  township  of hav- 
ing failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  township 
board  hereby  certifies  that  it  has  determined  that  the  said  site  shall  be  as  fol- 
lows: [Here  insert  description.] 

Given  under  our  hands  this. day  of ,  19 

A B , 

C D , 

E F.- 

Township  Board. 


FORM  No.  9. 

Notice  to  Township  Board  of  consent  to  consolidation  of  School  Districts. 

[See  section  35.] 

To  the  Township  Clerk  of Township: 

SIR — At  a  meeting  of  the  legally  qualified  voters  of  school  district  No 

township  of ,  held ,  19 ,  the  question  of  disbanding 

the  present  organization  of  said  district  and  uniting  its  territory  with  that  of 

other  school  districts  was  submitted resident  taxpayers  of  the  district 

were  present.     The  result  of  the  vote  was  as  follows:  Number  of  votes  in  favor 

of  disbanding  the  district   ;   number  of  votes  opposed  to  disbanding  the 

district You  are  hereby  notified  that  a  majority  of  the  resident  taxpay- 
ers of  said  school  district  No of  the  township  of  has  con- 
sented to  the  disbanding  of  said  district  and  the  consolidation  of  its  territory  with 


212  APPENDIX. 


other  districts  and  you  are  hereby  requested  to  call  a  meeting  of  the  township 

board  of township   at   the   earliest   possible   date  to   dispose   of  the 

territory  and  property  of  said  school  district  No ,  township  of 

Dated  this day  of ,  19 

(Signed.)  A B , 

Director. 


FORM  No.  10. 

Petition  by  resident  taxpayers  of  the  School  District,  giving  consent  to  the  dis- 
banding of  School  District  and  consolidation  of  territory. 

{See  section  35.] 

,  Michigan, ,19.... 

To  the  Township  Board  of  Township,  County  of ,  State 

of  Michigan: 

The  undersigned,  resident  taxpayers  of  the  school  district  No ,  in  the 

township  of ,  do  hereby  give  consent  that  the  organization  of  said 

school  district  No ,  township  of shall  be  dissolved  and  that 

the  territory  of  said  school  district  No of  the  township  of f 

shall  be  divided  or  consolidated  with  other  school  districts  as  in  the  judgment  of 
the  township  board  may  be  deemed  best. 
(Signatures.) 


FORM  No.  11. 

Notice  of  Annual  Meeting. 
[See  sections  40,  42,  67.] 

NOTICE — The  annual  meeting  of  school  district  No of  the  township  of 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of 

such  other  business  as  may  lawfully  come  before  it,  will  be  held  at , 

on  Monday,  tlje day  of  July,  19 ,  at o'clock    .  .M. 

Dated  this day  of  June,  19 

(Signed.)  A B 

Director. 


FORM  No.  12. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 

[See  section  41.] 

To  the  District  Board  of  School  District  No (or  to  A B 

one  of  the  District  Board) : 

The  undersigned,  legal  voters  of  school  district  No of  the  township  of 

request  you,  in  pursuance  of  section  15,  of  chapter  II  of  the  general 


APPENDIX. 


213 


school  laws  of  1881,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 

Dated  this day  of 19 

(Signed. )  C D , 

E F 

G H , 

I K , 

L M 

FORM  No.  13. 

Notice  of  Speciql  Meeting. 
[See  sections  41,  42.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No ,  in 

the  township  of called  on  the  written  request  of  five  legal  voters  [or 

called  by  the  district  board,  as  the  case  may  be],  will  be  held  at on 

the! day  of ,  19 ,  at o'clock  . .  M.,  for  the  purpose 

[here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

(Signed.)  A B 

Director. 

FORM  No.  14. 

Appointment  of  District  Officers  by  District  Boards. 
[See  sections  49,  121,  259.] 

The  undersigned,  members  of  the  district  board  of  school  district  No 

township  of  ,  do  hereby  appoint  A B [director, 

moderator,  or  treasurer,  as  the  case  may  be]   of  said  district  to  fill  the  vacancy 

created  by  the  [removal,  resignation  or  death,  etc.]  of  C D , 

the  late  incumbent. 

Dated  this day  of ,  19 

E F , 

G H 

FORM  No.  15. 

Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  sections  51,  121,  139,  257.] 

I  do  hereby  accept  the  office  of in  school  district  No of 

the  township  of 

Dated  this day  of 19 

(Signed.)  A B 


214  APPENDIX. 


FORM  No.  16. 

Affidavit  of  District  Officers  to  accompany  acceptance. 
[See  section  51.] 

STATE  OF  MICHIGAN,    ] 

I    ss. 
COUNTY  OF | 

being  duly  sworn,  says  that  he  has  been  elected  to  the 

office  of in  school  district  No of  the  township  of , 

that  he  is -a  legally  qualified  voter  in  school  meetings  of  said  district,  that  his 

name  appears  on  the  assessment  roll  of township  and  of  said  district, 

and  that  he  is  the  owner  in  his  own  right  of  the  property  so  assessed. 


Subscribed  and  sworn  to  before  me,  a 

,  this day  of 

.,  A.  D.  19.. 


My   commission  expires. 


FORM  No.  17. 

Treasurer's  Bond. 

[See  sections  72,  258.] 

KNOW     ALL    MEN    BY    THESE    PRESENTS  I       That    WC,    A B .  .  . 

treasurer  of  school  district  No ,  township  of ,  county  of. 

and  state  of  Michigan,  and 


[his  sureties],  are  each  held  firmly  bound  unto  said  district  in  amounts  as  fol- 
lows: C D . .  $ ;  E F $ ;  G H 

$ ;   I J $ ,  etc.,  the  total  amount  of  the  bond  being 

to  be  paid  to  said  district;  for  the  payment  of  which  sums  and 

sum  well  and  truly  to  be  paid,  we  bind  ourselves,  our  heirs,  executors,  and  ad- 
ministrators, jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  said 

treasurer  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  treas- 
urer of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or 
persons,  entitled  thereto  upon  the  proper  order  therefor,  all  sums  of  money  which 
shall  come  into  his  hands  as  treasurer  of  said  district,  and  shall,  at  the  expiration 
of  his  term  of  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in 
his  hands  as  treasurer  aforesaid,  and  shall  deliver  to  his  successor  all  books  and 
papers  appertaining  to  his  said  office,  then  this  obligation  shall  be  void,  other- 
wise of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ,  19. ... 

A B ,  [L.  s.] 

C D ,  [L.  s.] 

E F ,  [L.  s.] 

G H ,  [L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed.)  K L ,  Moderator. 

M .' . . .     N ,  Director, 


APPENDIX.  215 


Justification  of  Sureties  on  the  foregoing  Bond. 

C D and  E F and  G 

H and  I J the  sureties,  whose  names  are  sub- 
scribed to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he  is  a 
resident  in  said  county  and  is  worth  the  sum  specified  after  his  name  in  said  bond, 
over  and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from 
execution. 

Subscribed  and  sworn  to  before  me,  a in  and  for  said 

county,  this day  of ,  19 


My  commission  expires 


FORM  No.  18. 

Order  upon  the  Treasurer  for  Moneys  to  be  Disbursed  by  him,  with  Receipt 

attached. 

[See  sections  67,  72.] 

Treasurer  of  School  District  No ,  Township  of   .• 

SIB — Pay    to the    sum    of dollars    out    of any 

moneys  in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order 
is  drawn,  as  "teachers'  wages,''  general,  etc.]  fund,  on  account  of  [here  state  the 
object  for  which  the  order  was  drawn.] 

Dated  this day  of ,  19 

A B , 

Director. 
[Countersigned] 

C D ,  Moderator. 

Received  of  E F ,  treasurer  of  school  district  No 

the  amount  specified  in  the  above  order. 

G..  H.. 


FORM  No.  19. 

Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 
[See  sections  67,  72,   85,  264.] 

Treasurer  of  the  Township  of : 

SIR — Pay  to  A B ,  treasurer  of  school  district  No 

in  said  township,  the  sum  of dollars,  out  of  [here  insert  the  particular 

fund],  in  your  hands  belonging  to   said  district. 

Dated  this day  of ,  19 

C D , 

Director. 
[Countersigned] 
E : F ,  Moderator. 


FORM  No.  20. 
Notice  to  Township  Clerk  of  the  establishment  of  school  district  library. 

[See  section  131.] 

To  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  school  district  No of  the  township  of 

,  at  the  annual  [or  special]  meeting  held  on  the day  of 


216  APPENDIX. 


19 ,  voted  to  establish  a  district  library  under  the  provisions  of  section  4757, 

C.  L.  1897,  as  amended.    You  are  hereby  requested  to  apportion  to  said  school  dis- 
trict its  just  proportion  of  any  books  now  in  the  township  library  of 

township  according  to  the  number  of  children  in  this  district. 

(Signed.)  A B 

Director. 


FORM  No.  21. 
Notice  to  Township  Clerk  of  taxes  voted  by  School  District. 

[See  section  46.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You  are  hereby  notified  that  at  the  (annual  or  special)  meeting  of  legally  quali- 
fied voters  of  school  district  No township  of the  following 

taxes  were  voted  to  be  spread  upon  the  property  of  the  district  for  the  ensuing 
year  under  the  provisions  of  section  4665,  C.  L.  1897,  as  amended: 

For  school  sites    $ 

For  building   schoolhouse    

For    library    

For   indebtedness    

[Specifiy  other  items.] 


Total  tax $ 

Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 
Dated  at this day  of ,  19 

A B ,  Director. 

C D Moderator. 

E F ,  Treasurer. 


FORM  No.  22. 

Notice  to  Township  Clerk  of  taxes  voted  by  district  board  under  the  provisions 

of  section  55. 

[See  section  55.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You  are  hereby  notified  that  the  district  board  of  school  district  No , 

township  of ,  at  a  meeting  of  said  board  held  on  the day 

of  19 estimated  and  voted  taxes  for  the  following  purposes,  to 

be  levied  upon  the  property  of  said  school  district  for  the  ensuing  year: 

Teachers'   wages    • $ 

School  furnishings  and  appurtenances    

Care   of  property    

Water  supply   

Premium   on  bonds    

Transportation  of  pupils    

Record  books  and  blanks    

Deficiencies    

Services   of   officers    

Flag  and  flag  staff    

Free  textbooks   

General  tuition    

Tuition  of  eighth  grade  pupils   


Total 


APPENDIX. 


217 


Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 

Dated  at this day  of ,   19 

A B ,  Director. 

C D ,  Moderator. 

*  E P ,  Treasurer. 


FORM  No.  23. 

Notice  by  the  Township  Treasurer  to  the  Township  Cleric  of  Moneys  to  be  Appor- 
tioned to  Districts. 

[See  sections  85,  86.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

SIB — I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts 
of  this  township  the  following  moneys: 

Primary  school  interest  fund    $ 

Library  moneys   received   from   county   treasurer . . 

One-mill    tax    

Surplus    dog    tax    

District  taxes 

Special    funds    

Dated  this day  of 19 

A. . 


B, 


Township  Treasurer. 


FORM  No.  24. 

Notice  by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment 

of  Moneys  to  Districts. 

* 

[See  sections  76,  77.]  * 

To  the  Treasurer  of  the  Township  of ,  County  of : 

SIR — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount 
of  moneys  apportioned  to  each  of  said  districts: 


Districts. 

No.  of  children  in 
district. 

Primary  school  in- 
terest fund. 

1 

HJ 

One-mill  tax. 

Surplus  dog  tax. 

District  taxes. 

| 

3 
02 

Total  to  each  dis- 
trict. 

District  No.  1  ... 

$ 

$ 

f 

-. 

t 

I 

$ 

District  No.  2,  fr'l  

Total  

J  

5  

<  

3  

5  

J  

$  

218 


APPENDIX. 


Dated  this day  of. 


,  19. 


FORM  No.  25. 

Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 

[See  section  77.] 

A B ,  Director,   School  District  No ,   Township 

of  : 

SIR — The  amount  of  school  moneys  apportioned  to  school  district  No , 

township  of is  as  follows: 

Primary  school   interest  fund    $ 

Library   moneys   received   from   county   treasurer 

One-mill    tax    

Surplus    dog    tax    

District  taxes 

Special    funds 

Total    $ 

Dated  this day  of ,  19 

A B 

Township  Clerk. 

( 

FORM  No.  26. 

Certificate  by  the  Toivnship  Clerk  to  the  Supervisor,  of  district  taxes  to  be 

assessed. 

[See  section  75.] 

Supervisor  of  the  Township  of ,  County  of : 

SIR — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  pro- 
posed to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school 
districts  of  this  township,  as  the  same  appears  from  the  reports  of  the  district 
boards  of  the  several  .districts  now  on  file  in  my  office: 


Districts. 


District  No.  1 

.      TS  '&• 

District  No/2,  fr'l 


I... 


$... 


$... 


$... 


Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  dis- 
tricts in  accordance  with  the  provisions  of  law. 

Dated  this day  of ,  19 

A B , 

Township  Clerk. 


APPENDIX.  219 


FORM  No.  27. 

Deed  to  school  district. 

[See  section  54.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:     That  A B and 

C D ,  his  wife,  of  the  township  of ,  county 

of and  state  of ,  part. .  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of dollars,  to paid  by  the  district  board 

of  school  district  No ,  of  the  township  of ,  county  of , 

and  state  of  Michigan,  the  receipt  whereof  is  hereby  acknowledged,  do. .  hereby 

grant,  bargain,  sell,  and  convey  to  school  district  No aforesaid,  the  party 

of  the  second  part,  and  their  assigns  forever,  the  following  described  parcel  of 
land,  namely  [here  insert  description] ;  together  with  all  the  privileges  and  ap- 
purtenances thereunto  belonging,  to  have  and  to  hold  the  same  to  the  said  party 
of  the  second  part  and  their  assigns  forever.  And  the  said  part.,  of  the  first 
part  for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
bargain,  and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  as- 
signs, that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were 
well  seized  of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute 
and  indefeasible  estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said 
lands  and  premises  are  free  from  all  encumbrances,  whatever;  and  that  the  above 
bargained  premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the  whole  or  any  part  thereof,  they  will  forever  warrant  and 
defend. 

In  witness  whereof,  the  said  A B and   C 

D his  wife,  party  of  the  first  part,  have  hereunto  set  their  hands  and 

seals,  this day  of ,  19 

A B ,  [SEAL] 

C D ,  [SEAL] 

Signed,  sealed  and  delivered  in  presence  of 

E F 

G H 

STATE  OF ) 

(  ss. 
County  of ) 

On  this day  of : . .,  in  the  year  one  thousand  nine  hundred 

and    ,  before  me,  J K ,  a in  and  for 

said  county,  personally  appeared and ,  his  wife,  to  me 

known  to  be  the  same  persons  described  in  and  who  executed  the  within  instru- 
ment, who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 

Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

J K [SEAL] 


My  commission  expires, 


FORM  No.  28. 

Lease  to  school  district. 

[See  section  54.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS:     That  A B ,  of  the 

township  of ,  county  of ,  and  state  of 

of  the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto 

school  district  No in  the  township  of ,  county  of 

and  state  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following 


220  APPENDIX. 


parcel  of  land,  to  wit:    [here  insert  description]  with  all  the  privileges  and  ap- 
purtenances thereto  belonging;  to  have  and  to  hold  the  same  for  .and  during  the 

term   of years   from  the day   of ,   19 And 

the  said  party  of  the  second  part,  for  themselves  and  their  assigns,  do  Covenant 
and  agree  to  pay  the  said  party  of  the  first  part,  for  the  said  premises,  the  annual 

rent  of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals 

this day  of: 19 

A B ,  [SEAL] 

Lessor. 

C D , 

E F ,  [SEAL] 

G H , 

Board  of  School  District  No of  the Township. 

Signed  and  sealed  in  the  presence  of 

I R 

L..  M.. 


FORM  No.  29. 

Contract  for  building  a  schoolhouse. 
[See  section  54.] 

Contract  made  and  entered  into  between  A B ,  of  the  town- 
ship of ,  in  the  county  of ,  and  state  of  Michigan,  and 

C D ,    E F ,  and  G H , 

composing  the  district  board  of  school  district  No of  the  township  of 

in  the  county  of and  state  of  Michigan,  and  their  suc- 
cessors in  office: 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as 

hereinafter  specified,  the  said  A B hereby  agrees  to  build  a 

schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the  plans 

and  specifications  for  the  erection  of  said  house  hereto  appended,  and  at  such 
point  in  said  district  as  said  district  board  may  designate.  The  said  house  is  to 
be  built  of  the  best  material  in  a  substantial,  workmanlike  manner,  and  is  to  be 
completed  and  delivered  to  the  said  district  board  or  their  successors  in  office, 

free  from  any  lien  for  work  done  or  material  furnished,  by  the day  of 

,  19 And  in  case  the  said  house  is  not  finished  by  the  time  here- 
in specified,  the  said  A B shall  forfeit  and  pay  to  the 

said  district  board  or  their  successors  in  office,  for  the  use  of  said  district,  the 

sum  of  dollars,  and  shall  also  be  liable  for  all  damages  that  may 

result  to  said  district  in  consequence  of  said  failure. 
The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district, 

hereby  agrees  to  pay  the   said  A B the  sum  of 

dollars  when  the  foundation  of  said  house  is  finished;  and  the  further  sum 

of dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the  re- 
maining sum  of dollars  when  the  said  house  is  finished  and  delivered 

as  herein  stipulated.  It  is  further  agreed  that  this  contract  shall  not  i;e  sub-let, 
transferred,  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  19 

A B 

Contractor. 

C D , 

E F , 

G H , 

District  Board. 


APPENDIX.  221 


FORM  No.  30. 

Contract  between  district  board  and  teacher. 
[See  sections  59,  122,  262.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district 

No in  the  township  of ,  county  of ,  and  state  of 

Michigan,  and  A B ,  a  legally  qualified  teacher  in  said 

county  and  township,  that  the  said  A B shall  teach  the 

school  of  said  district  for  the  term  of months,  commencing  on  the 

day  of ,  19 ,  and  that  there  shall  be vacation  periods  of 

days  beginning  on  the  following  dates : 

The  said  A B agrees  to  faithfully  keep  a  correct  list  of 

the  pupils,  grade  and  age  of  each  attending  school;  to  faithfully  observe  and  en- 
force the  rules  and  regulations  established  by  the  district  board  of  said  district 
for  the  external  management  of  said  school  and  endeavor  to  preserve  in  good  con- 
dition and  order  the  school  grounds,  furniture  and  such  other  district  property  as 

may  come  under  h supervision     The  said  A B further 

agrees  to  teach  the  subject  of  physiology  and  hygiene  with  special  reference  to 
the  effects  of  alcoholic  drinks  and  narcotics  as  is  required  by  law,  also  to  give  in- 
struction in  regard  to  the  mode  by  which  dangerous  communicable  diseases  are 
spread,  the  best  methods  for  the  restriction  and  prevention  of  such  diseases,  and 
will  report  the  facts  in  regard  to  all  such  instruction  to  tile  director  at  the  close 

of  the  school  term  or  year.    The  said  A B further  agrees 

to  prepare  a  report  at  the  close  of  the  school  term  or  year  showing  the  foregoing 
facts,  also  the  number  of  days  each  pupil  attended  school,  the  aggregate  attend- 
ance, the  average  daily  attendance,  and  the  percentage  of  attendance,  together 
with  such  other  items  as  the  said  district  board  or  the  commissioner  of  schools 
may  require,  and  that  all  this  information  and  all  these  reports  shall  be  placed 
in  the  hands  of  the  director  at  the  close  of  the  school  term  or  year  and  prior  to 
receiving  the  wages  for  the  last  month's  labor. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  provide  a  water 
supply  for  the  school,  to  keep  the  schoolhouse  in  good  repair,  and  the  school 
grounds  in  good  and  sanitary  condition,  to  provide  proper  and  necessary  fuel, 

to  provide  a  janitor,  or  allow  the  teacher dollar  per  month  for  such 

service,  to  purchase  and  place  in  the  schoolroom  the  necessary  appendages  speci- 
fied in  the  law,  to  provide  the  teacher  and  pupils  with  proper  charts  and  appliances 
for  giving  instruction  in  the  subjects  above  mentioned,  and  to  do  all  things  that 

will  promote  the  welfare  and  success  of  the  school,  and  to  pay  said  A 

B for  said  services  as  teacher,  to  be  faithfully  and  truly  rendered  and 

performed  as  above  stated,  the  sum  of dollars  per  month,  the  same 

being  the  amount  of  wages  agreed  upon,  to  be  paid  on  or  before  the 

day  of ,  19. .;  provided,  that  in  case  the  said  A B 

shall  be  dismissed  from  school  by  the  said  district  board  for  gross  immorality  or 
violation  of  this  contract,  or  shall  permit  h . .  certificate  of  qualification  to  ex- 
pire, or  shall  have  said  certificate  annulled  or  suspended  by  the  county  board  of 
school  examiners  or  other  lawful  authority,  h. .  shall  not  be  entitled  to  any  com- 
pensation from  and  after  such  annullment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this 

day  of 19 

C D ,  Director. 

E F ,  Moderator. 

G » H ,  Treasurer. 

A B Teacher. 


222 


APPENDIX. 


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APPENDIX. 


223 


FORM  No.  32. 
Office  of  Commissioner  of  Schools. 

[See  Section  287.] 
,  ^Michigan, 


,.  19. 


DEAR  TEACHER — By  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905,  as 
amended,  each  teacher  is  required  to  examine  the  census  list  furnished  her  by 
the  director  at  the  opening  of  school,  and  report  to  the  commissioner  the  names 
of  any  children  who  are  not  in  attendance  at  the  public  school.  I  would  like  to 
have  you  report  to  me  each  month  and  at  any  time  when  there  are  any  cases 
of  non-attendance.  You  will  please  fill  out  on  the  appended  form  the  names  of 
children,  their  parents,  and  addresses  in  all  cases  where  the  children  are  not  in 
regular  attendance  and  forward  the  same  to  me  at  once. 

Very  respectfully, 


Commissioner  of  Schools. 


FORM  No.  33. 
Notice  to  commissioner  of  schools  by  teacher  of  cases  of  truancy. 

[See  section  287.] 
,  Michigan,    ,   19 , 


County  Commissioner  of  Schools: 
SIR — You  are  hereby  notified  that  the  following  children,  residents  of  district 

No ,  township  of ,  are  not  in  regular  attendance  at  the 

public  school: 


NAME    OF   CHILD. 

NAME    OF   PARENT. 

ADDRESS. 

Very  respectfully, 


Teacher. 


224 


APPENDIX. 


FORM  No.  34. 

Notice  of  commissioner  of  schools  to  county  truant  officer. 
[See  sections  287,  288.] 

,  Michigan,    ,   19. 


Truant  Officer  of County: 

SIR — You  are  hereby  notified  that  the  following  named  children  in  the  dis- 
tricts and  townships  specified  are  not  in  regular  attendance  at  the  public  schools. 
By  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are 
hereby  requested  to  investigate  these  cases  of  truancy  or  non-attendance  at 
school  as  is  provided  in  said  act. 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS. 

DISTRICT. 

TOWNSHIP. 

- 

Yours  respectfully, 

County  Commissioner  of  Schools. 


FORM  No.  35. 
Notice  to  parents  or  guardians  in  rural  districts  in  regard  to  truancy. 


[See  section  288.] 


,  Michigan 19 


To : 

You  are  hereby  notified  that ,  a  child  at  least  seven  years  of  age 

and  under  sixteen  years,  and  under  your  legal  control,  is  not  attending  the  pub- 
lic school  as  is  required  by  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended. 
You  are  hereby  directed  to  send  said  child  to  the  public  school  in  your  district  on 
the  day  following  the  receipt  of  this  notice  at  nine  o'clock,  with  the  necessary 
books  for  instruction,  and  you  are  further  notified  that  said  child  must  be  in 
regular  and  consecutive  attendance  at  school  during  the  remainder  of  the  school 
year  as  taught  in  your  district. 

Yours  respectfully, 

Served .' ,    19. ...  , 

County  Truant  Officer. 


FORM  No.  36. 

Notice  to  teacher  of  formal  notice  to  parent. 
[See  section  288.] 

,  Michigan,    


19. 


You  are  hereby  notified  that  on ,  19 formal  notice  was  served 

on . : that  the  child . , under  his  control  should  be  in  regular 

an'd  consecutive  attendance  at  public  school  beginning  on  the  day  following  thci  re- 


APPENDIX. 


225 


ceipt  of  the  notice.     Please  give  me  immediate  notice  should  the  parent  fail  to 
perform   his   duty  in  accordance  therewith. 

Very  respectfully, 


County  Truant  Officer. 


FORM  No.  37. 

Notice  by  teacher  (or  commissioner')  to  truant  officer. 
[See  section  288.] 

Michigan,    ,   19 . 

County  Truant  Officer, 


SIR— You  are  hereby  notified  that the  child 

of of  district  No ,  township  of did  not 

begin  attendance  at  the  public  school  on   the  date  stated  in  formal  notice,  nor 

has been  in  attendance  since. 

Respectfully, 


Teacher  (or  commissioner.) 


FOBM  No.  38. 
Notice  to  truant  officer  in  city  or  village. 

[See  section  288.] 
,  Michigan,    . . , 


19. 


Truant   Officer  of City    (or  Village  or  Township)  : 

SIR — You  are  hereby  notified  that  the  following  named  children  in  this  city  (or 
village)  are  not  in  regular  attendance  at  the  public  schools.  By  the  provisions  of 
Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are  hereby  requested  to 
investigate  these  cases  of  truancy  or  non-attendance  at  school,  as  is  provided  in 
said  act. 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS. 

Very  respectfully, 


Superintendent. 


29 


226 


APPENDIX. 


FORM  No.  39. 
Notice  to  parents  or  guardians  in  cities  or  villages. 

[See  section  288.] 
,  Michigan,    . ,   19 . 


To  M , 

No Street: 

You  are  hereby  notified  that ,  a  child  at  least  seven  years 

of  age  and  under  sixteen  years,  and  under  your  control,  is  not  attending  the  pub- 
lic schools  as  is  required  by  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended. 

You  are  hereby  notified  to  cause  said to  begin  regular  and  consecutive 

attendance  at  the  public  school  on  the  day  following  the  receipt  of  this  notice 

at  nine  o'clock  at  the   school,  and  you  are  further  notified  that 

said  child  must  be  in  regular  and  consecutive  attendance  during  the  remainder 
of  the  school  year. 

Respectfully, 

Served ,   19 , 

Truant  Officer. 


FORM  No.  40. 

Notice  to  commissioner  of  schools,  ~by  teacher,  of  deaf  children  not  in  attendance 

at  schools  for  the  deaf. 

[See  section  293.] 

,  Michigan,    ,   19 


County  Commissioner  of  Schools: 
SIR — You  are  hereby  notified  that  the  following  named  children,  residents  of 

district  No ,  township  of have  such   defective  hearing 

that  they  cannot  be  taught  in  the  public  schools,  and  are  not  attending  schools 
for  the  deaf. 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS. 

Very  respectfully, 


Teacher. 


APPENDIX. 


227 


FORM  No.  41. 

Notice  of  commissioner  or  truant  officer  to  superintendent  of  State  School  for  the 

Deaf. 

[See  section  293.] 

,  Michigan,  ,19.. 


Superintendent  of  School  for  the  Deaf,  Flint,    Michigan. 

SIR — You  are  hereby  notified  that  the  following  named  children  in  the  districts 
and  townships  specified  have  such  defective  hearing  that  they  cannot  be  taught 
successfully  in  the  public  schools,  and  are  not  attending  any  institution  for  deaf 
children. 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS. 

DISTRICT,  TOWNSHIP  OR  CITY. 

Very  respectfully, 

Commissioner  or  Truant  Officer. 


FORM  No.  42. 
Notice  to  parents  or  guardians  by  truant  officer. 

[See  section  293.] 
,  Michigan,  ,   19. 


To : 

You  are  hereby  notified  that ,  a  child  seven  years  of  age  and 

under  eighteen  years,  and  under  your  legal  control,  is  reported  to  me  as  hav- 
ing such  defective  hearing  as  makes  it  impossible  for  such  child  to  be  instructed 
in  the  public  schools,  and  that  said  child  is  not  attending  any  school  for  the  deaf 
as  is  required  by  Act  No.  48  of  the  Public  Acts  of  1907.  It  is  your  duty  and  you 
are  hereby  directed  to  send  such  child  to  a  day  school  for  the  deaf  or  to  the 
State  School  for  the  Deaf  at  Flint,  or  some  other  school  for  the  deaf,  in  accord- 
ance with  the  provisions  of  said  act. 

Yours  respectfully, 


Served ,  19, 

30 


Truant  Officer. 


228 


APPENDIX. 


FORM  No.  43. 

Notice  to  truant  officer  of  blind  children  not  in  attendance  at  State  School  for 

the  Blind. 


[See  section  295.] 
,  Michigan, 


19. 


Truant  Officer  of County  (village,  city  or  township)  : 

SIR — You  are  hereby  notified  that  the  following  named  children  under  your 
jurisdiction,  between  the  ages  of  seven  and  nineteen  years,  and  who  by  reason 
of  defective  eyesight  are  unable  to  receive  instruction  in  the  public  schools,  are 
not  in  attendance  at  the  Michigan  School  for  the  Blind.  Under  authority  of  Act 
No.  116  of  the  Public  Acts  of  1907,  you  are  hereby  requested  to  investigate  these 
cases  and  report  to  the  Superintendent  of  the  School  for  the  Blind  at  Lansing 
at  the  earliest  possible  date  the  facts  in  regard  to  these  children. 


NAME  OF  CHILD. 

NAME  OF  PARENT. 

ADDRESS. 

DISTRICT,  TOWNSHIP  OR  CITY. 

Very  respectfully, 
County  Commissioner  of  Schools  or  Superintendent  of  School  for  the  Blind. 


FORM  No.  44. 

Notice  to  truant  officer  to  proceed  against  the  parent. 
[See  section  295.] 


Michigan,    ,   19, 


Truant  Officer  of county,  city  or  township: 

SIR — You  are  hereby  notified  that  the  following  named  children  between  the 
ages  of  seven  and  nineteen  years  are  not  in  attendance  at  the  State  School  for  the 
Blind  in  accordance  with  the  provisions  of  Act  No.  116  of  the  Public  Acts  of 
1907,  and  you  are  hereby  directed  to  proceed  against  the  parent  or  guardian  of 
such  children  under  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905  as 
amended. 


NAME  OF  CHILD. 

NAME    OF   PARENT. 

ADDRESS. 

DISTRICT,   TOWNSHIP   OR  CITY. 

- 

Very  respectfully, 
Superintendent  of  School  for  the  Blind. 


APPENDIX.  229 


FORM  No.  45. 
Application  for  Payment  of  Tuition. 

[See  section  394.] 
,  Michigan,    ,   19 

To  the  District  Board  of  School  District  No Township  of , 

County,  Michigan : 

This  is  to  certify  that  I  am  a  resident  of  school  district  No of  the 

township  of . . . ,  county  of ,  and  the of 

,  who  has  completed  the  studies  of  the  first  eight  grades  and  holds 

a  county   eighth  grade   diploma    (or  has   completed   eight   grades   of  work  in   a 

graded  district)  and  desires  to  attend  the  high  school  at during  the 

ensuing  year.  I  therefore  request  that tuition  be  paid  by  the  dis- 
trict in  accordance  with  the  provisions  of  Act  No.  65  of  the  Public  Acts  of  1909, 
as  amended. 


(To  oe  signed  oy  parent,  legal  guardian  or  person  in  parental  relation.) 


FOBM  No.  46. 

Form  of  Petition  to  le  presented  to  Township  Board  for  the  Organization  of  a 

Township  Unit  District. 

[See  section  230.] 
,  Michigan 19 


To  the  Township  Board  of Township,    County,  Michigan: 

The  undersigned,  qualified  school  electors  of  the  township  of ,  county 

of state  of  Michigan,  do  respectfully  request  that  the  proposition  of 

organizing  said  township  into  a  single  school  district  under  the  provisions  of  Act 
No.  117  of  1909,  as  amended,  be  submitted  to  the  people  of  the  township  at  a 
(regular  or  special)  election  to  be  called  by  your  honorable  board  in  accordance 
with  the  provisions  of  section  1  of  said  act. 


INDEX. 


INDEX. 


The  references  are  to  compiler's  sections. 
A. 

ACADEMIES  AND  INCORPORATED  EDUCATIONAL  INSTITUTIONS  : 

with  whom  to  file  certain  reports 205 

ACCEPTANCE   OF   OFFICE: 

neglect  to  file,  vacates  office 48 

certain,   filed  with   and  recorded   by  director 51,  121,  257 

penalty  for  failure  of  district  officer  to  file 140 

ACCOUNTS : 

school  district,  superintendent  of  public  instruction  to  audit,  etc 20 

director  to  keep,  of  expenses 67,  122 

of  members  of  board  of  school  examiners,  with  whom  filed 221 

ACTION  : 

against  school  districts,   how  brought,   etc 95-101 

relative  to  obtaining  schoolhouse  site 102-116 

certain,  to  be  commenced  by  president  township  board  of  education 238 

ADDITION  : 

to  school  building,  when  approved  by  superintendent  of  public  instruction 443-45 

ADJOURNMENTS  : 

of  district  meetings 46 

of  proceedings  to  obtain  schoolhouse  site 112 

ADMISSION  OF  PUPILS: 

resident 64 

non-resident    ,  65 

to  high   schools 122 

to  kindergarten    192 

to    normal    school 343 

AGE: 

at  which   children   may  attend  school 64,  192,  255 

at  which  education  is  compulsory 280 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.  : 

officers,  teachers,  etc.,  not  to  act  as 145,  222 

AGRICULTURAL  COLLEGE : 

Michigan,  superintendent  of  public  instruction  to  supervise  instruction  in 20 

cooperative  work  with,   by  counties 423 

AGRICULTURAL  EXTENSION  WORK: 

assenting  to  grant  of  moneys  from  U.  S.  for 424-25 

AGRICULTURAL   SCHOOL: 

examinations   for   admission   to 225,  226 

AGRICULTURAL   SITES  : 

board  of  education  may  acquire 412 

AGRICULTURE,  COUNTY  SCHOOLS  OF  : 
(See  county  schools  of  agriculture.) 

ALCOHOLIC  DRINKS: 

text-books  considering  nature  and  effects  of,  how  approved 61,  238 

ALIENS  : 

not  eligible  to  office 50 

ALMSHOUSES  : 

children  in,  not  included  in  census 68 

ALTERATION  : 

in    boundaries    of    districts 34-37 

of  schoolhouse  sites 102 

in  boundaries  of  graded  school  districts 123 

of  boundaries  of  township  school  districts 270 

"AMERICA"  : 

applicant  for  eighth  grade  diploma  to  memorize 204 

ANNUAL  ELECTION: 

of  trustees  in  cities  of  4th   class 437,  438 

ANNUAL  MEETING  : 
(See  district  meetings.) 

ANNUITY  : 

when  school  teacher  entitled  to 320 

ANNULMENT   OF   CERTIFICATES  : 

by   state   board   of   education 207,  341,  342,  350 

by   county  board  of  school  examiners 219 


234  INDEX. 


The  references  are  to  compiler's  sections. 

APPARATUS : 

tax    may   be  voted  for  purchase  of 46 

APPEAL : 

how  made  from  decision  of  township  board 117-119 

APPENDAGES  TO  SCHOOLHOUSE : 

tax  may  be  voted  to  provide 4g 

to  be  provided  by  director 

APPOINTMENT  : 

deputy  and  assistant  superintendent  of  public  instruction 21 

of   building   committee,   for   schoolhouse   site 46 

duties    of 46 

clerk  of  district  meeting  in  director's  absence 46  258 

district  officers  in   case  of  vacancy 49 

person  to  take  school  census 68  262 

district  trustees  in  case  of  vacancy 121,  259 

member  of  board  of  school  examiners  in  case  of  vacancy '  213 

county  commissioner  of  schools  in  case  of  vacancy 

conductor   of   teachers'    institute 278 

of    truant    officers 286 

APPORTIONMENT  : 

of  property  on  division  of  district 11,  38.  39  276 

of  primary  school  interest  fund 23-25 

by  township  clerk  of  moneys  to  districts 76 

of  moneys  raised  by  taxes 77 

township  treasurer's  duties  relative  to 

of   one-mill   tax 79 

on  division  of  districts,   of  moneys 84  270 

division  of  district,  of  tax  assessed  before,  and  collected  after 84 

in  fractional  districts,  of  moneys  collected 87 

of  library   moneys    134,  136 

APPRAISAL  : 

of  school  property,  when  township  board  of  education  to  make 253 

APPROPRIATION  : 

for  state  board  of  library  commissioners 376 

APPROVED  LIST: 

schools  placed  upon,  not  to  exceed  two  in  county 422 

ART  TEACHER: 

act   to  define  qualifications  of 194-96 

ASSESSMENT  OF  TAXES  : 
(See  taxes.) 

ASSESSOR : 

(See  treasurer.) 

ASSISTANT    SUPERINTENDENT   OF   PUBLIC   INSTRUCTION: 

appointment,  duties  and  salary  of 21 

ASSOCIATIONS  : 

teachers  may  form 310-312 

ASSOCIATIONS  FOR  ESTABLISHING  LOAN  FUNDS  : 

number    that    may    incorporate 366 

articles  of  association,  what  to  contain 368 

classification    of   members ~. 369 

funds  of,   how  used 370 

election  of  officers,  when  held 371 

ASSUMPSIT  : 

against  school  district,  justice  of  peace  to  have  jurisdiction 95 

ASYLUMS  : 

children  in,   not  included  in  census 68 

ATHLETIC  FIELDS: 

board  of  education  may  acquire  land  for 412 

ATTACHMENT : 

to  enforce  attendance  at  certain  proceedings 106 

ATTORNEY   GENERAL: 

to  approve  text  book  dealer's  bond 

when  to  prosecute  text  book  dealer's  bond 179 

AUDITOR  GENERAL: 

when,  to  reimburse  district  maintaining  county  normal  training  classes 407 

B. 

BALLOT : 

election  of  officers  to  be  by 47,  91, 122,  256 

school  election,  party  emblems  not  to  be  placed  upon 

form  of,  for  election  relative  to  organization  of  township  district 

form  of,  at  district  election  for  bonding 

form  of.  used  at  special  election  to  decide  question  of  rural  high  schools 385 

BARROOM : 

children    not   permitted   in 305 

BILLIARDS  : 

children   not  permitted  where,   are  played 305 

BLANK  FORMS  : 

for  school  proceedings,  see  appendix. 
BLIND  BABIES: 

act  to  provide  for  care  and  maintenance  of 296-300 

BLIND  CHILDREN: 

compulsory    education    of 294, 295 

transportation  of  indigent,  or  parents  of 

truant  officer  to  investigate  and  report 


INDEX.  235 

The  references  ar6  to  compiler's  sections. 

BLIND,  MICHIGAN  SCHOOL  FOR  THE: 

(See  Michigan   school  for  the  blind.) 
BOARD   OF   APPEALS: 

who  to  constitute,  in  appeals  from  township  board.  .  117 
BOARD  OF  COUNTY  AUDITORS: 

certain    expenses    audited    by 221 

BOARD   OF   EDUCATION: 

when,  may  borrow  money  to  pay  teachers'  wages 23 

to  report  taxes  voted 56 

to  make  annual   census 68 

when  to  make  triplicate  reports  to  superintendent  of  public  instruction 73 

to  estimate  amount  necessary  for  sites,  etc 91 

service  of  process  against  school  district  made  upon  president  of 96 

to  apply  for  jury  in  suit  to  obtain  sites 103 

in  graded  school  districts,  election  and  powers  and  duties  of 120-122 

to   have   charge   of   library 120 

report  of,  relative  to  libraries 133-134 

may  sell  library  books 138 

to  provide  for.  for  certain  cities 147-149 

division  by,  of  city  district  into  precincts 152-160 

may  divide  city  school  districts  into  election  precincts 161-9 

to  name  members  board  of  registration,  etc 162 

candidates  for,  nominated  by  petition 166 

report  to,  of  violations  of  text  book  act 179 

qualifications   of   certain    teachers,    may   hire 195 

township,   powers  and  privileges 230,  238 

secretary,   relative  to  books,   etc.,  of  district 230 

who  to  constitute,  term  of  office,  etc 232 

when   to  meet,  officers,  etc 236 

to   establish,    etc.,    library 238 

when,    may   borrow    money 238 

president    of,    duties 239 

treasurer   of,    duties 241 

when  to  present  estimate  of  money  needed 242 

statement  of,    relative   to   schools 245 

powers   of.   relative   to   text-hooks 246 

not  to  act  as  agents  of  publishers 250 

when  may  commence  action  to  set  aside  certain  order  of  superintendent  of  public 

instruction     444 

authority  of.  to  change  city  districts 271 

to  certify  amount  to  be  raised  for  schools  in  city  districts 274 

when    may   appoint   truant   officers 286 

to  furnish  superintendent  with  census  list 287 

duty  of,  relative  to  fraternities,  etc 308 

authority  of,  to  provide  for  free  public  libraries 377-78 

to  vote  tax  for  payment  of  tuition  and  transportation  of  pupils 394.  398 

when,   to  furnish   text-books  free   to   certain    children 399 

when  may  select  member  of  county  normal  board 404 

to  estimate  cost  of  maintaining  county  normal  training  classes 407 

when  county  clerk  to  draw  order  in  favor  of.  for  county  normal  training  classes.  .  408 

act  authorizing,  to  acquire  lands  for  school,  etc.,  sites 412 

when,  may  establish   day  schools  for  the  deaf 413 

in  cities  of  fourth  class,  of  whom  to  consist,  election,   etc 437-40 

one  member  of.  to  act  as  election  inspector  for  election  of  trustees 439 

(Soe   state  bonrd   of  education.) 
BOARD   OF   INSPECTORS: 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute 91 

at  election  of  school  trustees,  powers,  duties,  etc 439-40 

to  make  poll  list  of  voters  at  election  of  trustees 440 

BOARD  OF   INSTRUCTION: 

of  state  normal   school,  may  grant  certificates .' 341,  342 

BOARD  OF  LIBRARY  COMMISSIONERS: 

(Soe  state  board  of  library  commissioners.) 
BOARD  OF   SCHOOL   EXAMINERS: 

(Soe  county  bonrd  of  school  examiners.) 
BOARD  OF   SUPERVISORS: 

certain   school   expenses   audited   by ,        221 

to  fill  vacancy  in  office  of  county  commissioner  of  schools 223 

to  vote  on  establishment  of  county  normal  training  classes 403 

amount  to  appropriate  for 407 

appropriation   of  money   by,    county   schools   of  agriculture,   manual    training   and 

domestic   science    413 

to  elect  members  of  county  school  board 414 

when   may   cooperate  with   agricultural   college 423 

BOARD   OF   TRUSTEES: 

of  graded  school  districts,  election  and  term  of  office  of 120 

officers  of,   how  elected,   etc 121 

vacancy  in  office  of,  how  filled 121 

powers   and    duties   of 122,  193 

consent  of,   to  be  obtained  in  alteration  of  district 123 

financial  statement  of  district  to  be  published  by 200 

penalty  for  neglect  of  duties 201 

in  cities,  proceedings  in   changing  boundaries  of  districts 

of-  city  districts,  proceedings  relative  to  change  in 271 


236 


INDEX. 


The  references  are  to  compiler's  sections. 

BOARD   OF   TRUSTEES. — Continued. 

of  rural  high  schools,  when  and  how  elected 386 

term    of    office 3§g 

meetings   of,    when    held 387 

special,    how    called * 337 

powers    of 387 

salary  and  duties  of  secretary  of 388 

election  of.  in  cities  of  fourth  class 438 

may  establish  day  schools  for  the  deaf 426-31 

BOARDS : 

authorized  to  examine  teachers,  to  collect  fees.  .  275 

BONDS : 

of  treasurer,  by  whom  approved  and  where  filed 72 

majority  vote  required  to  raise  money  and  issue,  in  school  districts 91 

limitations  as  to  amount  and  time  to  run 91 

tax  may  be  voted  to  redeem 93 

how  may  be  paid 94 

liability    of    county    treasurer    on 109 

on  appeal  from  decision  of  township  board 118 

of  treasurer  of  board  of  education  in  graded  school  districts 121 

to  be  filed  by  text-book   dealer ]  76 

approval   and   renewal   of 177 

when  may  be  declared  forfeited 179 

county    commissioner   of    schools    to    file 214 

of  treasurer  of  township  school  district 241 

when  township  school  district  may  issue 242 

treasurer  of  township  board  of  education  to  give 258 

of  truant  officer,  amount,  where  filed,   etc 286 

amount  of,  of  treasurer  of  state  board  of  education 346 

for  maintenance  of  free  public  libraries  in  cities 378 

of  contractor  to   secure  payment  of  sub-contractor 432 

recovery  to  be  had  on 435 

exemption  of  school,   from  taxation 446 

amount  of,  school  districts  may  issue 447 

BOOKS : 

who  to  adopt,   for  rural  high   schools 387 

(See  record  books,  library  books  and  text-books.) 

BOUNDARIES  : 

notice  of  formation  of  school  district  to  contain 28 

when  township  board  may  alter,  of  school  districts 

who  to  cause  map  made  showing,  of  school  districts 74 

where  filed 74 

consent  of  trustees  necessary  to  change,  of  graded  school  districts 

when  township  board  may  divide  or  change,  of  primary  school  district 150 

procedure  on   change  of,   of  township   school   district 270 

BRANCHES : 

of  study  to  be  given  in  the  public  schools 61 

BUILDING  COMMITTEE  : 

voters  may  appoint,  for  schoolhouse  and  prescribe  duties 46 

BUILDING   FUND: 

what   deemed,   how   used,   etc 46 

BUILDINGS  : 

school,  superintendent  of  public  instruction  may  condemn,  etc 443-45 

BUREAU  OF  INFORMATION: 

establishment  of,  in  office  of  superintendent  of  public  instruction 

C. 

CANVASS  : 

of  votes  at  school  elections 165 

of  votes  at  election  of  school  trustees 

CARDS : 

children   not  permitted   where,   are  played 292 

CENSUS   OF   SCHOOL   DISTRICTS: 

when    and    how    taken 68,  238,  262 

penalty  for  false  information   to  enumerators  of 

when  enumerators  of,  guilty  of  misdemeanor 

list  of,   to   be   furnished   teachers 287 

list  of  blind  children 295 

CENTRAL   MICHIGAN   NORMAL    SCHOOL: 

act    to    establish 354-55 

certain  department  to  be  maintained  at 365 

CERTIFICATE  : 

district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed 

of  instruction  in  physiology,  when  filed  by  teacher 

copy  of,   to  be  filed  by  director  with   township   clerk 

to  supervisor,  of  taxes  to  be  assessed  for  school   purposes 74,  81,  2C 

of  court  in  proceedings  to  obtain  site,  what  to  contain *  107 

who   may  he  granted,   as   kindergarten,    music,    drawing,    domestic    science   or   art 

teacher    19^?£ 

school  teachers',  when  granted,  renewals,  etc 

when  certain  teachers',  to  be  filed  with  commissioner  of  schools 353 

CERTIFICATES   OF   GRADUATION: 

from  county  normal  training  classes,  who  to  grant 


INDEX.  237 


The  references  are  to  compiler's  sections. 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

non-possession   of,   makes   contract   invalid 59 

regents  of  university  may  grant  certain 206 

two  regular  examinations  for,  each  year 216 

county  commissioner  to  sign,  etc 220 

when  board  of  school  examiners  may  renew,  without  examinations 217 

how  must  be  signed 217 

different    grades    of 218 

requisite   qualifications   to   obtain 

when,  may  be  suspended  or  revoked 219,  341,  342,  350 

list  of  teachers  having,  to  be  furnished  township  clerk 220 

record  of,  to  be  kept  by  county  commissioner  of  schools ^-^_^  _       220 

fee  to  be  paid  on  obtaining 275 

when   granted  to  pupils  of  normal   school 

state  board  of  education  may  issue 350 

to  issue,   in   normal   schools 365 

of  county  normal  training  classes,  what  to  qualify 406 

how  may  be  renewed 406 

CHAIRMAN : 

duties  of,  first  meeting  9f  district 28 

of  district  meeting,  to  give  oath  to  challenged  voter 44 

may    arrest    disorderly    persons 45 

may  be  appointed  in  absence  of  moderator 46 

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties 139 

CHALLENGE : 

of  voter  at  district  meetings 44,  234 

of  juror  in  proceedings  to  obtain  site 106 

CHARITABLE  INSTITUTIONS  : 

constitutional  provisions  relative  to 17 

CHILDREN : 

payment  of  tuition  of  certain 

when  census  list  of  school,  to  be  taken 68,  262 

compulsory  education  of 285-90 

duties  of  police  officers  relative  to  certain 286-90 

not   permitted   in    saloons,    gambling   houses,    etc 

employment    of    306 

how  admitted  to  rural  high  schools 387 

of  indigent  parents,  when  unable  to  attend  school 399-402 

(See  pupils.) 

CHIPPEWA    COUNTY: 

proviso  as  to  election  of  county  commissioner  in . 214 

CHRISTMAS  : 

observance  of,  by  public  schools 203 

CIRCUIT  COURT  COMMISSIONER: 

to  be  member  of  board  of  appeals 117 

CITIES  : 

of  250,000  or  over,  qualifications  for  voting  at  school  elections  in 

when  census  in,  to  be  compiled 

to  provide  for  boards  of  education  for  certain 147-149 

division   of   school   districts   of,   into   precincts 152-160 

examination  of  teachers  in   certain 

certain,   exempt  from  provisions  of  township   district  act 

proceedings  when,  become  part  of  township  district 

act  relative  to  boundaries  of  school  districts  in 271-74 

certain,  when  police  officers  in,  to  act  as  truant  officers 

schools  in  certain,  to  teach  physical  training 

maintenance  of  free  public  libraries   in 377-78 

of  fourth  class,  to  constitute  single  district 

board  of  education  in,  election,  etc 437 

CITY  SCHOOL  DISTRICTS  : 

board  of  education  may  divide,  into  election  precincts,  referendum 161-69 

CLERK  : 

director  to  be,  of  district 67 

who  to  be,  of  district  board  of  education 258 

of  board  of  trustees  of  rural  high  schools 386 

COLLECTION  : 

relative  to  the,  of  school  taxes 78-87 

of  judgments   against   districts 97-101 

of  fines  for  injuring  library  books 129 

of    penalties 141,  142,  144,  198,  202 

of  damages  for  not  reporting  and  assessing  taxes 144 

of  institute  fees  from  teachers 275 

COLLEGE  OF  MINES: 

entitled  to  report  of  superintendent  of  public  instruction 379 

COLUMBUS  DAY: 

observance   of,    by    public   schools 203 

COMMISSIONER  OF   SCHOOLS: 


(See   county    commissioner   of   schools.) 
COMMUNICABLE  ~ 


DISEASES : 

methods  of  prevention  of,  to  be  taught  in  schools 197-98 

COMPENSATION  : 

of  officers  of  school  district 55, 122,  269 

teachers,    how    paid,    etc 59,  122,  262 

for  taking  census 68 

for  schoolhouse  site  determined  by  jury 107 


238  INDEX. 


The  references  are  to  compiler's  sections. 

COMPENSATION—  Continued  : 

in  proceedings  to  obtain  site,  of  officers  and  jury  .................  115 

county  board  of  school  examiners,  of  members  ..........  221 

of   county   commissioner   of   schools  ..................  ........ 

of  school  officers  in  attending  county  meeting  ooo 

of  officers  in  township  school  districts  .........  049 

of  members  of  township  board  of  education  onq 

of  truant  officers,  how  paid,  etc  ..............                              '  "?"  2S6 

state  board  of  education,  of  members. 

COMPULSORY  EDUCATION: 

school  boards  may  furnish  books  in  certain  cases  ........  :  .  6° 

children   exempted    ................................  28*5 

age   for,    of    children  ...................................  285 

length  of  time  to  be  sent  to  school  .................  .............  285 

penalty  for  failure  to  comply  with  law  ...............  287 

establishment    of    ungraded    schools  ............  289 

when  certain  children  to  be  sent  to  ..................  290 

who  considered  truants  under  act  ..............................  '    290  296 

^  tO  reformatory  institutions  ........... 


children   not   permitted   in  .  .  300 

CONDEMNATION  : 

of  school  houses,  power  of  superintendent  of  public  instruction  as  to.  .  444 

by    factory    inspectors  ..........  440 

CONDUCTOR  : 

who  to  be,  of  teachers'  institutes.  .  070 

CONGRESS  : 

act  of,  granting  money  to  state  for  agricultural  extension  work.  .  424-25 

CONSOLIDATION  : 

of    school    districts  .............  151 

CONSTITUTIONAL  PROVISIONS  : 

relative  to  primary  school  interest  fund  ......................................  1-2 

relative  to  officers  of,  and  maintenance  of  educational  institutions  .............  3-17 

CONTRACTOR  : 

bond  required  of,  to  secure  payment  of  sub-contractor.  .  413 

CONTRACTS  : 

with    teachers    ..................................................  59,  129.  238,  240,  262 

officers  not  to  be  interested  in,  with  districts  ............................  ____  145 

for  furnishing  free  text-books  in  township  districts  ............................  246 

CORPORATE  POWERS  : 

of  organized   school   districts  ................................................  33 

of  teachers'  associations  ....................................................  312 

of  state  board  of  education  ..................................................  336 

of  associations  for  establishing  loan  funds  ................................  367 

COUNTY  : 

when  more  than  one,  contributes  to  support  of  school  to  be  placed  on  approved  list  422 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS: 

election   and   term   of   office   of  ..............................................  213 

vacancies   in,    how   filled  ....................................................   213.  223 

schedule  of  meetings  for  special  examinations  to  be  published  ..................  216 

may  hold  special  meetings  ..................................................  216 

meetings   of,   for  examination   of  teachers  ....................................  216 

to  whom  may  grant  certificates  ..............................................  217 

grades  of  certificates  issued  by  ..............................................  218 

may  suspend  or  revoke  certificates  .................................  V.  ........  219 

compensation  and  expenses  of  members  of  .................................... 

when  officers  in  certain  districts  may  examine  teachers  ........................ 

what  schools  exempt  from  supervision   of  ....................................  224 

(See  county  commissioner  of  schools.) 

COUNTY  CLERK: 

notice  to,   relative  to  primary  school  fund  apportionment  ...................... 

to  receive  and  dispose  of  communications  of  state  superintendent  ................ 

apportionment  of  moneys,   duties  of,   relative  to.  ...  ..........................      89.  135 

duties  of,  relative  to  reports  ..............................................  89.  142,  261 

duties  in  proceedings  to  obtain  site  ..........................................    110,  11  1 

election  of  school  examiners,  duties  of,  relative  to  ............................  213 

duties  of,  relative  to  election  of  county  commissioner  of  schools  ................ 

to   draw   order   on    county   treasury   for   institute   moneys  ......................  279 

bond   of  truant  officer   filed   with  ............................................  286 

duties  of,  relative  to  distribution  of  laws,  etc  ................................    380,  381 

when  to  draw  order  for   county   normal   training  classes  ......................  408 

COUNTY  COMMISSIONER  OF  SCHOOLS  : 

may  be  removed  for  lack  of  qualifications  ....................................  20 

to  send  blanks  and  list  of  qualified  teachers  to  township  clerk  and  board  of  edu- 
cation   .....................  ,  .....................................  ---- 

triplicate  reports  of  townships  clerk  naade  to  ................................. 

to  be  member  of  board  of  appeals  .......................................... 

to  be  notified  of  violations  of  school  text-book  law  ............................ 

when  and  how  elected  ...................................................... 

to  file  bond  and  acceptance  of  office  .......................................... 

term  of  office  .............................................................. 

election  of,  in  Chippewa  and  Lake  counties  .................................... 

who  eligible  to  office  of  ..................................................... 

to  hold  certain  examinations  ................................................ 

to  prepare  schedule  for  examinations  .............  ............................  216 


INDEX.  239 


The  references  are  to  compiler's  sections. 

COUNTY  COMMISSIONER  OF  SCHOOLS— Continued  : 

may    renew    certificates 217 

certificates  to  be  signed  by 217 

may    grant    special    certificates 218 

powers  and  duties  of 220 

to  keep  record  of  examinations 220 

to   counsel   with   teachers 220 

what   annual    reports,    to   receive 220 

to    receive    institute    fees 220 

to  receive  instructions  from  superintendent  of  public  instruction 220 

who,  to  furnish  list  of  teachers 220 

duties  relative  to  visiting  schools 220 

to  make  annual  report  to  superintendent  of  public  instruction 220 

compensation  of,  how  paid,  etc 221 

expenses  audited  by   board  of   supervisors 221 

not  to  act  as  agent  for  school  boots,  etc 222 

vacancy  in  office  of,  how  filled 223 

duties  of,  relative  to  examination  of  candidates  for  agricultural  college 225,  226 

to   call  meeting  of  school  officers  of  county 227, 229 

annual  report  of  township  school  districts  to  be  made  to 240 

to  appoint  truant  officer 286 

to  furnish  truant  officer  with  list  of  teachers 288 

when,  to  issue  work  permits  to  children 306 

persons  desiring  to  teach  to  file  certificate  with 353 

duties  of,  relative  to  distribution  of  laws,  etc 380 

librarians   to   make   annual   report   to 392 

to  whom,  to  transmit  lists  of  libraries 393 

to  be  member  of  county  normal  board 404 

duty  of,  as  to  funds  for  county  Mormal  training  classes 408 

to  be  member  of  county  school  board 416 

COUNTY  INSTITUTES: 

(See  teachers'   institutes.) 

COUNTY  NORMAL  BOARD : 

how  constituted,  duties,  etc 404,  405 

may    renew    certificates 406 

COUNTY  NORMAL  FUND: 

how  constituted,   etc 407 

COUNTY   NORMAL  TRAINING  CLASSES: 

superintendent  of  public  instruction  to  direct  supervision  of 20 

how  established,  managed,  maintained,  etc 403-09 

COUNTY  SCHOOL  BOARDS: 

establishment  of    414 

organization  of  415 

apportionment  of  expenses 416 

treasurer  of    417 

COUNTY  SCHOOLS  OF  AGRICULTURE : 

establishment  of 413-22 

apportionment  of  expenses  of 416 

instruction  given  in : 418 

COUNTY  SCHOOLS  OF  DOMESTIC  ECONOMY: 

establishment  of    413-22 

COUNTY  SCHOOLS  OF  MANUAL  TRAINING  : 

establishment  of    413-22 

COUNTY  TREASURER: 

statements  of  apportionment  filed   with 89, 135 

to  apply  to  state  treasurer  for  certain  moneys 

township  moneys  to  be  paid  township  treasurer  by 90 

to  whom,  to  give  notice  of  apportionment  of  school  moneys '. .  90 

liability  of,  on  bond 109 

money  for  schoolhouse  site  deposited  with 109, 114 

apportionment  of  library  moneys  to  be  made  by 136 

to  set  apart  institute  fees  as  institute  fund 276 

vouchers  for  payment  at  teachers'  institutes  to  be  filed  with 282 

teachers'  institute  fund  to  be  paid  by,  on  order  of  clerk 403 

when  county  clerk  to  draw  order  on,  for  county  normal  training  classes 408 

ex  officio  treasurer  of  county  school  board 417 

COUNTY  TRUANT  OFFICER: 

when,   to  act  in   district  or   township 286 

COURSE  OF  STUDY:  « 

superintendent  of  public  instruction  to  prepare  and  printr. 

who  to  prescribe  for  schools 61, 122 

state  board  of  education  to  prescribe  for  normal  schools 

who  may  prepare  and  publish  certain 

who  to  provide  for  rural  high  schools 

by    whom    approved 

for  county  normal  training  classes 405 

CRIMES  AND  OFFENSES  : 
(See  penalty.) 

D. 

who  to  prescribe  penalty  for,  to  library  books 129 

to  be  collected  from  certain  officers  for  neglect  of  duties 

DANCE  HOUSES: 

children  not  permitted  in 


240  INDEX. 


The  references  are  to  compiler's  sections. 

DAY  SCHOOLS  FOR  THE  DEAF: 

shall  be  established 426-31 

to  report  to  superintendent  of  public  instruction 427 

duties  of  state  treasurer  in  regard  to 428-9 

system   to   be   used   in 430 

who  may  attend 431 

DEAF  CHILDREN: 

compulsory  education  of 291-93 

DECLARATION  OF  INDEPENDENCE: 

to  be  read  to  certain  pupils  on  certain  holidays 203 

DEED: 

for  schoolhouse  site  to  be  obtained  before  building 54 

DEFICIENCY  : 

in  teachers'  wages  fund,  how  provided  for 23 

DELINQUENT  CHILDREN: 

punishment  of  persons  responsible  for 304 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE: 

by   superintendent  of  public   instruction 26 

by   district    officers 67  7 

DEPOSITORY  : 

of  school  funds,  when  designated 72 

DEPOSITS  : 

of  school  funds,  when  made,  etc 72 

DEPUTY    SUPERINTENDENT   OF   PUBLIC   INSTRUCTION: 

appointment  and  duties  of 21 

DEVISES  : 

school    districts    may    accept 410-11 

DIPLOMAS  : 

of  graduates  of  state  normal  school 341,  342,  365 

DIRECTOR : 

notice  of  first  meeting  to  be  recorded  by 28 

to  keep  records  relative  to  organization  of  district 32 

to  be  notified  of  alterations  of  district 37 

appointment  of  clerk  in  absence  of 46 

election  and  term  of  office  of 47,  121,  256 

appointment  of,  in  case  of  vacancy 49 

acceptance  of  office  of,  where  and  by  whom  filed 51,121 

to  be  member  of  district  board 52 

register  of  school  to   be  furnished  to 59 

to   have   custody   of   schoolhouse,    etc 60 

to  file  certificate  of  instruction  in  physiology  with  township  clerk ' 61 

to  draw  and  sign  warrants,  orders,   etc 67 

to  give  notice  of  meetings 67 

account  of  expenses  to   be  kept  by 67 

schoolhouse  to  be  kept  in  repair  by 67 

to  provide  appendages  for  schoolhouse 67 

to  present  estimates  at  annual  meetings ' 67 

accounts  of,  how  kept,  audited,  etc 67, 122 

to  be  clerk  of  district 67,  258 

compensation  of,  for  taking  school  census -,  . .  68 

census  list  to  be  filed  with  township  clerk  by 68 

annual  school  census  to  be  taken  by 68 

reports  of,  to  be  filed  with  township  clerk 70 

of  fractional   district,   to   whom   to   report 71 

and  moderator  to  approve  bond  of  treasurer 

to  be  notified  of  apportionment  of  school  moneys 77 

and  moderator  to  certify  payments  to  supervisor 80 

at  election  to  issue  bonds,  to  be  member  of  board  of  inspectors 91 

and  moderator  to   execute   bonds  of  district 92 

service  of  process  against  school  district  made  upon 96 

treasurer  to  certify  to,  judgment  against  district 98 

to  be  notified  of  site  fixed  by  township  board 102 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to   attend   meeting   of   county   school   officers 

compensation     

to  furnish  teachers  with  census  list 287 

DISORDERLY    PERSONS: 

to  be  taken  into  custody 

juvenile,    who   to   constitute .  . .  .» 290,  296 

DISTRICT  BOARD: 

when  superintendent  of  public  instruction  to  remove  members  of,  from  office 

when,  may  borrow  money  for  payment  of  teachers'  wages 

to  call  meetings  of  district 

school  to  be  provided  by 

how,  may  determine  certain  matters,  when  meetings  fail 46,  263 

election  and  term  of  office  of 47,  120,  256 

vacancy  in,  what  to  occasion 

how  filled    49,  121,  251 

illegal  for  members  of,  to  act  as  publishers'  agent 

who  eligible  to  office  on 

acceptance   of   office   by   members 51,  121,  257 

who  to  constitute 52,  120,  256 

certain  books,  blanks,  etc.,  to  be  purchased  by 

when  may  sell  certain  property  of  district 

site  for  schoolhouse  to  be  leased  or  purchased  by 54,  262 


INDEX.  •  241 


The  references  are  to  compiler's  sections. 

DISTRICT  BOARD — Continued  : 

to  estimate  amount  for  support  of  schools 55 

when  may  borrow  money  on  strength  of  voted  tax 

to   report   taxes  to   be  assessed 56 

accounting  of  moneys   by 

not  to  pay  money   to  unqualified  teachers 

to  make  statement  of  finances  at  annual  meeting 58,  266 

teachers   to  be   hired   by 59'  122 

to  provide  for  water  supply QQ 

when  to  exclude  public  meetings  from  schoolhouse 60 

to  have  care  of  schoolhouse  and  property 60 

to  provide  for  instruction  in  physiology 61 

to  prescribe  text-books  and  courses  of  study '.'  61 

to  purchase  books  for  indigent  pupils 62 

may  suspend  or  expel  disorderly  pupils 63 

to    establish    rules,    etc.,    for   school 63,  262 

to   classify   pupils 64*  122 

may  admit  non-resident  pupils  to  school 65 

rates  of  tuition  for,  how  fixed 65 

director  to   be  clerk   of 67,  258 

to  appoint  persons  to  take  school  census 68  262 

when   to  provide  for  deposit  of  moneys '    72 

to  estimate  amount  necessary  for  sites  and  buildings 91 

when  may  issue  bonds '.  92 

to  apply  for  jury  in  suit  to  obtain  site 103 

to  be  trustees  in  graded  school  districts 120,  123 

district  library  to  be  managed  by .' 132,  262 

report   of,   relative   to   libraries 133-134 

may  donate  or  sell  books  to  township  library 138 

kindergarten  to  be  provided  by 190-93 

qualifications   of   certain    teachers,   may   hire 195 

financial  statement  of  the  district  to  be  published  by 200 

United   States  flag  to  be  provided  by 202 

to  be  trustees  in  township  school  districts 256 

when,  to  pay  tuition  of  pupils 396,  398 

duties  of,  as  to  teachers,  etc.,  for  county  normal  training  classes 407 

when  day   schools  for  deaf  may   be   provided   by 426-31 

when  may  commence  action  to  set  aside  certain  order  of  superintendent  of  public 

instruction    , 444 

(See  district  officers.) 

DISTRICT  LIBRARIES: 
(See  libraries.) 

DISTRICT  MEETINGS: 

notice  of,  on  formation  of  new  district 28,  255 

when  annual,  to  be  held 40,  258 

when   special,   may   be   called 41 

notice  of,  to  indicate  the  business 41 

notice  of,   what  to   specify 41,  42 

who  eligible  voters  at 43 

relative   to   challenging  voters   at 44 

penalty  for  disorderly  conduct  at 45 

to  give  directions  regarding  suits 46 

to  direct  sale  of  property 46 

powers    of    annual 46,  122 

when  clerk  and  chairman  may  be  appointed  at 46,  258 

what  board  to  determine  in  case  of  failure  of  certain 46,  263 

limit  of  taxes  that  may  be  voted  at 46,  263 

officers   to   be   elected   at 47, 120,  256 

to  fill  vacancy  in  district  office 49 

tax  for  services  of  officers  to  be  voted  at 55 

board  to  make  financial  statement  to  annual 58 

to  determine  uses  of  schoolhouse 60 

moderator  to  preside  at 66 

director  to  give  notice  of 67 

may  vote  on  issuance  of  bonds 91 

may  vote  tax  to  pay  money  borrowed 93 

voters  at,  may  designate  site 102 

board  of  education  to  present  estimate    for  sites,  etc.,  at 242 

DISTRICT  OFFICERS: 

election  and  term  of  office  of 47,120,  256 

when   may   be  appointed 49,  121,  258 

who  eligible  to  election  as 50 

acceptance   of   office   of 51,  121,  257 

amount  of  tax  for  service  of 55 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to  employ  legally  qualified  teachers 

payment   for   services   of   township 

compensation    of    269 

(See  treasurer,  director,  moderator  and  district  board.) 

DISTRICT   SCHOOLS: 
(See  schools.) 

DIVISION  : 

of   boundaries   of   primary    school    district 

of  township  into  single  school  district 


242  INDEX. 


The  references  are  to  compiler's  sections. 
DOG   TAX: 

apportionment  of  surplus 335 

DOMESTIC   ECONOMY,   COUNTY    SCHOOLS   OF: 

establishment   of '. 413-422 

appropriation    for 413 

instruction  given   in 41 « 

DOMESTIC   SCIENCE   TEACHER: 

act    to    define   qualifications    of 194-96 

DOORS : 

to  open  outward 449 

DRAWING    TEACHERS: 

act  to  define  qualifications  of 194-190 

DUPLICATE  RECEIPTS: 

township  treasurer  to  take,  for  certain  moneys 87 


EDUCATION  : 

constitutional  provisions  relative  to 1-17 

EIGHTH    GRADE: 

payment  of  tuition  and  transportation  of  pupils 394-395 

EIGHTH    GRADE   DIPLOMAS: 

applicant  for,  to  memorize  first  verse  of  "Star  Spangled  Banner"   and  ''America"  204 

ELECTION  : 

wiao   legal   voters   at,   in    school   district 43 

when,    of    district    officers    held 47,  121,  256 

who  eligible  to,  in  school  district 50 

regulations  at,  to  vote  on  issuance  of  bonds 91 

school  district,   registration,   notice,   etc 1C2-64 

party  emblem  not  to  be  placed  upon  ballots 166 

of  members  of  county  board  of  school  examiners 213 

of   county   commissioners   in   Chippewa,    when   held,    etc 214 

relative   to   organizing   township   into   single   school   district 230 

when  called,   ballots,  etc -    230 

township  school  district,  how  conducted,  etc 233 

special,    for    bonding,    ballots,    etc 242 

city  districts,  election  of  officers  by  joint  boards 271 

for  submitting  question  of  rural  high  schools,  where  held 

form  of  ballot  used  at 3S5 

submitting  question  of  establishment  of  schools  of  agriculture,  etc 413 

of   school    trustees   in    cities   of   fourth    class 437-440 

ELECTION   COMMISSIONERS  : 

appointment  of,  for  election  of  school  trustees 438 

ELECTION  INSPECTORS : 

how  chosen,  etc.,  at  election  of  school  trustees 439 

powers,  duties,  etc.,  at  election  of  school  trustees 439 

ELECTION   PRECINCTS  : 

division  of  city  school  districts  into 152-100,  161-69 

referendum     161-69 

ELECTORS : 

who   are   qualified 

may  discontinue  school  and  send  pupils  to  another  district 

who  deemed  qualified,  in  school  elections  in  certain  cities 

to  vote  tax  for  services  of  district  officers 

at  annual  meeting  may  designate  depository  for  district  funds 

of  city,  when  to  elect  board  of  education 

to   approve   consolidation   of   school   districts 

registration  of,  in   school  districts 162-64 

when,  may  vote  to  organize  township  school  district 

township   school   district,   qualification   of 232,  242 

when,  may  appeal  from  action  in  formation  of 

when   question   of   rural   high    school    submitted    to 

ELIGIBILITY  : 

to  office  in  school  districts 

of    pupils    desiring    tuition    paid 397 

EMPLOYMENT  : 

of    teachers     59,  122,  191,  262 

of  persons  to  take  school  census 68 

of  officers,   etc 122 

of    children    306 

ENDOWMENT  FUNDS  : 

to  be  under  control  of  school  board 411 

ENGLISH   LANGUAGE: 

instruction   to   be  conducted  in 11 

ENROLLMENT : 

when  teacher  to  compare,  with  census  list 287 

ENUMERATION  OF  CHILDREN  : 

(See  census.) 
ENUMERATOR,    CENSUS: 

duty   of,    data   required 

when,    guilty   of   misdemeanor 69 

ESCHEATED   ESTATES: 

application    of   interest    from    sale    of 14 

ESTIMATES : 

of  amounts  to  be  raised  by  tax v .  55,  07,  262 


INDEX.  243 

The  references  are  to  compiler's  sections. 

EVIDENCE : 

of  organization  of  district .-» 32 

in  proceedings  to  obtain  site 103 

EXAMINATION  : 

of  proposed  site  by  jury 107 

eighth  grade,  applicants  to  memorize  first  verses  of  "Star  Spangled  Banner"  and 

"America"    204 

meetings   for,   of  teachers 216 

of  teachers  by  county  board  of  examiners 216,  217,  225 

questions  for,  of  teachers 217 

county   commissioner   to   keep   record   of 220 

of   reports   by   county   commissioner 220 

of  teachers  by  officers  in  certain  districts 224 

of  applicants  for  admission  to  agricultural   college 225,  226 

fees  to  be  collected  from  teachers  for 275 

of  teachers  by  state  board  of  education 350 

of  applicants  for  state  certificates 350 

EXAMINERS  : 

may  be  removed  for  lack  of  qualifications 20 

of  teachers  to   collect  fees 275 

to  pay  same  to  county   treasurer 276 

(See  county  board  of  school  examiners.) 

EXECUTION  : 

not  to  issue  against  school  district 97 

EXPENSES  : 

incidental,    estimated   by   board 

estimates  of,  to  be  presented  at  annual  meeting 67,  266 

of  commissioners,   limited 214 

for  printing,  etc.,   how  audited,  etc ' 

of  school   examiners,   how  paid 

teachers'    institutes,    how    paid 278 

state  institute,  how  paid 

vouchers  for,  of  teachers'  institute,  where  *  filed 

F. 

FACTORIES,   STORES,  ETC.  : 

employment  of  children  in 306 

FACTORY  INSPECTORS: 

may  order  fire  escapes  on  school  houses,  etc 449 

may  condemn  school  houses  considered  unsafe 449 

FEEBLE    MINDED   AND   EPILEPTIC  : 

(See  Michigan  home  and  training  school.) 

FEES: 

to  be  paid  by  teacher  on  obtaining  certificate 275 

disposition  of,  collected  by  director  and  secretary 276 

FEMALES : 

who  qualified  to  vote  at  school  elections  in  certain  cities 43 

registered    in    separate    register 43 

eligible    to    district    offices '.  .  .  50 

FINES  : 

how  applied  for  breach  of  penal  laws 16 

for  disturbing  district   meeting 45 

for  disturbing  school 63 

on  census  enumerator  for  making  false  returns 69 

giving  false  information  to  census  enumerator 69 

for  damages  to  library  books 129 

apportionment  of,   for   breach  of  penal  laws 136 

(See  penalties.) 

FIRE    ESCAPES : 

factory  inspectors  may  order,  on  school  houses 449 

FIRE  MARSHAL  : 

(See  state  tire  marshal.) 

FIRE  PROTECTION  : 

in  schools,  duty  of  factory  inspectors  relative  to 449 

FLAGS : 

who  to  purchase  U.   S.,   for  schools.  .  202 

FORM  OF  OATH: 

of   challenged    voter 44 

FORMS,   BLANK  : 
(See  appendix.) 

FOURTH   CLASS   CITIES: 

to   constitute   single   school    district 437 

board  of  education  in,  of  whom  to  consist,  elections,  etc 438 

FOURTH  OF  JULY : 

observance  of,  by  public  schools 203 

FRACTIONAL  DISTRICTS: 

(See  school  districts;  also  township  board.) 
FRATERNITIES  : 

abolishment  of,  in   public  schools,  etc .     307-309 

FREE    PUBLIC   LIBRARIES: 

authority  of  city  boards  of  education  to  maintain .     377-378 

FREE  SCHOOLS: 

to    be    provided 11,  255 

32 


244  INDEX. 


The  references  are  to  compiler's  sections. 

FREE   TEXT-BOOKS: 
(See  text-books.) 

FUNDS : 

educational 1,2 

library 16 

teachers'   institute    276 

of   associations    for    establishing    loan 370 

for  maintaining  day   schools  for  the  deaf 428 

G. 

GAMBLING  : 

children  not  permitted  in  rooms  used  for 305 

GENERAL  FUND: 

taxes  for  incidentals,  deficiencies,  etc.,   accounted  for  under 55 

GIFTS: 

school  districts  may  accept,  etc 410-411 

GOVERNOR : 

when  may  remove  county  school  commissioner,  etc 20 

certain  days  appointed  by,  observed  by  public  schools 203 

to  appoint  five  members  of  teachers'  retirement  fund  board 313 

GRADED  SCHOOL  DISTRICTS: 

annual    meeting   of 40 

organized  prior  to  1907,  act  to  govern 120 

notice  of  intention  to  organize 120,  124 

election  and  term  of  office  of  trustees  of 120,  124 

officers  of,  to  be  elected  by  trustees 121 

credit  of  school  tax  on  tuition  of  non-resident  pupil 122 

powers  and  duties  of  trustees 121,  122 

not  limited  to  nine  sections  of  land 

consent  of  trustees  to  be  obtained  to  alteration  of  boundaries 123 

two  or  more  contiguous  districts  may  organize 

change   of,   to   primary   district 125 

publication   of   financial    statement   of 200 

proceedings  when,  become  part  of  township  district 

appointment  of  truant  officers  in 286 

(See  school  districts.) 

GRADES  OF  CERTIFICATES  : 

of  teachers   218 

GRADING  : 

of  pupils  not  prevented  in  any  district 

in    graded    school    districts 122 

GYMNASIUMS: 

school  districts  may  establish,  etc 

H. 

HIGH   SCHOOLS: 

may   be   established   in    certain   districts 

board  of  education  to  establish,  etc 238 

act   to   establish   rural 384-391 

providing  for  payment  of  tuition  and  transportation  to,  of  certain  pupils 394-395 

what  deemed    396 

(See  graded  school  districts.) 

HOLIDAYS  : 

observance   of,    by   public    schools 

HUMANE  EDUCATION: 

act  to  provide  system  of 187-189 

use  of  text-books  on,  in  teaching  dangerous  diseases 61,  238 

L 

INCIDENTAL   EXPENSES: 

estimated   by   district   board 55 

INDEBTEDNESS  : 

of    districts 91 

(See  bonds.) 
INDIANS  : 

when  children  of,  not  included  in  census 68 

INDIGENT  PARENTS : 

when  children  of,  unable  to  attend  school 399-402 

INDUSTRIAL    HOME   FOR   GIRLS: 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

INDUSTRIAL  SCHOOL  FOR  BOYS  : 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

INSPECTORS  OF  ELECTION: 

how  chosen,  powers,  etc.,  at  election  of  school  trustees 

INSTITUTES  : 

teachers',   county  commissioner  to  be  assistant   conductor.  . . 

INSTITUTIONS  : 

certain  state,  superintendent  of  public  instruction  to  supervise  instruction  in .... 

charitable,  children  in,  not  included  in  census 


INDEX.  245 


The  references  are  to  compiler's  sections. 

INSTRUCTION  : 

to   be  conducted  in   tbe   English   language  ....................................  11 

branches  of,  given   in  public  schools  ..........................................  61 

INSURANCE  MONEYS: 

how   used    ................................................................  352 

INTEREST  : 

apportionment  of,  on  state  funds  ............................................  13,  23 

on    bonds,   limited  ..........................................................  92 

tax  may  be  voted  to  pay  ...................................................  93 

on  judgment  against  district  ................................................  101 

on  moneys  lost  by  certain  officers  ...........................................  141-142 

J. 

JOINT  MEETINGS: 

of  township  boards  .......................................................  30,  117,  270 

relative  to  boundaries  of  primary  school  districts  .............................  150 

relative   to   township    school   districts    .......................................  231 

JUDGE    OF   PROBATE: 

to  participate  in  filling  vacancy  on  board  of  examiners    .......................  213 

JUDGMENTS  : 

assessment  of  taxes  for  payment  of    ........................................  82 

and  suits  against   school   districts,   sections   relative   to  ..........  •  ..............  95-101 

execution   not  to   issue  on    ..............................................  .-  .  .  97 

when  rendered  in   proceedings   to   obtain   site    ................................  108 

JURY: 

board  may  apply  for,  in  proceedings  to  obtain  site   .......................  ...  103,  107 

JUSTICES    OF   THE   PEACE  : 

to  have  jurisdiction  in  cases  of  assumpsit  against  school  districts  ..............  95 

to    hear    cases    under    compulsory    education    act  ..............................  288 

proviso,   as   to   cities    ........................  v  ...........................  288 

JUVENILE  COURT: 

investigation,  etc.,  by,  relative  to  children  of  indigent  parents    ................  401 

JUVENILE   DISORDERLY   PERSONS: 

penalty  for  failure  of  parent  or  guardian  to  send,  to  school    ..................  287 

proceedings   against   parents  of,   for   neglect  of  duty    .........................  288 

to    be    sent    to    ungraded    schools    ..........................................  289,  290 

who   deemed,    or    truants    ..................................................  290,  296 

K. 


KINDERGARTEN  : 

duty  of  district  board  relative  to    ..........................................  190 

qualifications    of   teachers  ................................................  191,  194,  169 

children   entitled   to   attend    ................................................  192 

act  to  apply  to  other  schools   ..............................................  193 

L. 

LABOR  : 

act   to   secure   payment   to   sub-contractors   for    ...........  .......  .   432-435 

LABOR  DAY: 

observance   of,   by   public   schools    ...............................  203 

LAKE   COUNTY: 

election  of  county  commissioner  of  schools  in    .......................  214 

LAND: 

limit  of  tax  on,   for  building  schoolhouse    ...................................  46 

when    not    taxed    for     ...................................................  46 

proceedings   to   obtain,   for   schoolhouse   site    .................................     103-116 

when  board  of  education  may  acquire  for  sites,  etc  ...........  412 

LAWS,   DOCUMENTS,   ETC.: 

rules  and  regulations  for  libraries,  course  of  study,  who  to  print  and  distribute.  .  22 
duty   of   commissioners   and   county   clerk   in   distributing    .....................    380,  381 

LEASE  : 

for  schoolhouse  site,  who  to  secure,   length   of,   etc  ............................  54 

duration    of,    of    land    for    schoolhouse    ...........  238 

LEGACIES  : 

school    districts   may    accept,    etc  ..................  .    410-411 

LIABILITIES  : 

of  township   clerk   for   neglect  to   report    ....................................  141 

of    county     clerk     .........................................................  142 

of   supervisor  in   regard   to   district   taxes    ...................................  144 

debts   and,    when    assumed    by    township    district  ..............................  267 

of  parent  or  guardian  for  failure  to  send  child  to  school  ......................  287 

(See  penalties.) 

LIBRARIAN  : 

township,  when  and  by  whom  appointed,  duties,  etc.  .  130 

LIBRARIES  : 

establishment  of,   constitutional   provisions  relative   to    ........................  16 

lists  of  books  for,   how  prepared    ...........................................  22 

rules    for,    by    whom    made    ................................................      22,  129 

maintenance  of,   in   township   or   city    .......................................  126 

township  board  may  dispose  of,  or  plan  merger  of,  into  free  public  ..............  126 


246  INDEX. 


The  references  are  to  compiler's  sections. 

LIBRARIES. — Continued : 

provisions    relative    to 126-138 

books   for   township,    by    whom    purchased 128, 264 

care  of,   etc.,   who   to  have    129 

librarian  of  township,   by   whom   appointed,   duties,   etc 130 

where    kept    130 

when   school  district  may   establish 131 

township  clerk  to  report  statistics  of    , 133 

funds   for,    when   forfeited    134 

superintendent   of   public   instruction    to    furnish    statement    of    townships,    etc., 

entitled   to    135 

apportionment    of 135, 136 

tax  for  support  of,  how  levied,  collected,  etc 137 

district  board  may  sell  or  donate,  books  to  township 

school  officers  not  to  act  as  agents  for,  books 145 

board  of  education  to  establish,  etc 238 

free  public,  maintenance  of,  in  cities   377,  378 

librarians  to   report  to  school  commissioner    392 

to   whom   to   transmit   list 393 

LIBRARY    BOOKS: 

preparation  of  lists  of    22 

sale   of    138 

LIBRARY  COMMISSIONERS  : 

(See  state  board  of  library  commissioners.) 

LIBRARY   MONEY: 

when  district  to  forfeit 

superintendent  of  public  instruction  to  forward  statement  of 

apportionment    of    136 

LIFE   CERTIFICATES: 

authority,  revocation  and  filing  of   207 

LINCOLN'S   BIRTHDAY: 

observance  of,   by   public   schools    .». ^03 

LIQUORS  : 

minor  children  not  permitted  where,  are  sold   305 

M. 

MANUAL   TRAINING,    COUNTY    SCHOOLS    OF: 

act   to   establish    413-422 

management    of 414-421 

establishment  of,  when  placed  upon  approved  list,  etc 422 

MANUAL  TRAINING  SCHOOLS  : 

school  districts  may  establish,   etc 410 

MANUAL  TRAINING  TEACHER: 

act  to  define  qualifications  of    194-96 

of  to'wnships,  showing  boundaries  of  districts,  by  whom  made,  where  filed,  etc .... 

filing  of,  showing  change  of  boundaries  in  city  districts 271 

MATERIAL  : 

act  to  insure  payment  of  sub-contractors  for   432-435 

MEETINGS  : 

joint,  of  township  boards  of  several  townships    30, 270 

when  schoolhouse  used  for  public    

of  township  boards,  in  cases  of  appeal    117,  119 

joint,  of  township  board,  relative  to  change,  etc.,  of  boundaries  of  primary  school 

districts     150 

for  examination    of   teachers,    when    and   where   held 216, 217 

township  school  districts,  of  township  board  for  organization  of 230 

annual,  in,  notice,  etc 233,  240 

of  board  of  education   in 

of  board  of  education 

of  board  of  trustees  of  rural  high  schools,  when  held,  etc 387 

(See  district  meetings.) 
MEMBERS  : 

of  district  board,  who  to  constitute 

number  of,  of  board  of  trustees  in  graded  school  districts 120,  25 

term  of  office 

of  board  of  county  school  examiners,  by  whom  appointed,  etc 213 

MEMORIAL  DAY: 

observance   of,    by   public   schools 203 

MICHIGAN  AGRICULTURAL  COLLEGE: 

superintendent  of  public  instruction  to  supervise  instruction  in 

president  of,  to  approve  schools  before  placed  upon  approved  list 

to  carry  on  agricultural  extension  work 424-25 

MICHIGAN  EMPLOYMENT  INSTITUTION  FOR  THE  BLIND: 

transfer  of  pupils  from  Michigan  school  for  blind  to 294 

MICHIGAN  HOME  AND  TRAINING  SCHOOL: 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

MICHIGAN  SCHOOL  FOR  THE  BLIND  : 

superintendent  of  public  instruction  to   supervise  instruction   in 

compulsory  education  of  blind  children  at 294,  295 

MICHIGAN   SCHOOL  FOR  THE  DEAF: 

superintendent  of  public  instruction  to  supervise  instruction   in 

compulsory  education  of  deaf  children  at 291,  294 


INDEX.  247 


The  references  are  to  compiler's  sections. 

MISDEMEANOR  : 

when  census  enumerator  guilty  of  a 

officers,  teachers,  etc.,  interested  as  agent  for  publishers  deemed  guilty  of 

when  parents  deemed  guilty  of  a 28T 

MODERATOR : 

to  give  oath   to  challenged  voter 

chairman    at    district    meetings 46,  258 

election  of,  term  of  office,  etc 47 

appointment  of,  to  fill  vacancy 

acceptance  of  office,  where  filed 

to  be  member  of  district  board 

treasurer  and,  to  audit  and  pay  accounts  of  director 

and  director  to  approve  bond  of  treasurer 

service  of  process  a-gainst  school  district  made  upon 

penalty  for  neglect  to  perform  duties 140 

.(See  district  board.) 
MONEYS : 

primary  school  fund,  what  to  constitute 1.  2 

when   withheld  from   certain   districts 11 

apportionment  of,  by  superintendent  of  public  instruction 23-25 

of    primary    school    interest    fund _. 76.  90 

of  districts,   when   dividing,   how   apportioned 38,  39,  270 

districts  entitled  to  receive  primary   school   interest  fund 46 

entitled  to  receive  certain 46,  79 

when  board  may  borrow,  on  strength  of  voted  tax 

primary  school  interest  fund,  to  be  used  only  for  teachers'  wages 

accounting  of  district  school 57 

sectarian  schools  barred  from  public 

district  board  to  apply  school,  according  to  law 57 

to  make  report  of,  at  annual  meeting 58,  266 

orders  for  certain,  by  whom  drawn  and  signed 67 

disposition  of,  collected  on  bond  of  treasurer 72 

district  board  to  provide  for  deposit  of 72 

duties  of  township  treasurer  relative  to  collecting  school 72,  78,  87 

relative    to    paying 85,  87,  262 

apportionment  of,  to  districts  by  township  clerk 76,  77,  263 

raised   for  school   tax,   how   apportioned 77 

accrued  from  one-mill  tax,  how  used 79 

paid  by  old  districts  to  new,  how  applied 80 

school,  to  be  paid  next  to  township  expenses 

payment  of,   to   fractional   districts 87 

county  treasurers  to  apply  for,  appropriated 90 

to   notify   township   clerk,    etc 90 

limitations  as  to  districts  borrowing 91 

when,  for  site  deposited  with  county  treasurer 109, 114 

library,    when    forfeited 134 

proviso  as  to  non-forfeiture 134 

statement  of  townships  to  receive,  where  filed,  etc 135 

apportionment    of :  .  .  136 

how   used    136 

apportionment  of.  collected  on  account  of  neglect  of  officers 143 

township  school  district,  amount  of,  estimate  for  schoolhouse 238 

custody   of,   where  deposited,   etc 241 

when  certain,  to  become  township  school   money 248 

who  to  apply  for,  appropriated  for  primary  schools  and  libraries 262 

public,   definition   of 327 

to  be  kept  separate  from  other  funds 328 

how   used    329 

interest  on,  what  to  constitute 330 

public  officer  not   to   receive   consideration   for   depositing 331 

penalty  for  illegal   payment  of 334 

disposition    of   insurance 352 

boards  of  trustees  of  rural  high   schools  may  borrow 385 

from  U.  S.,  giving  assent  to  grant  of,  for  cooperative  agricultural  extension  work.  .  424-25 

paid  to  secretary  state  board  of  agriculture 425 

limit  of  amount  of,  school  district  may  borrow 447 

(See  taxes.) 
MONTH,  SCHOOL: 

of   what    to    consist 59 

MUSIC  TEACHER: 

act  to  define  qualifications  of 194-196 

N. 
NARCOTICS  : 

text-books  to  consider  nature  and  effects  of 61,  238 

NEGLECT : 

penalty  for,  of  taxable  inhabitant  to  serve  and  return  notice 139 

of  district  officers  to  perform  duties 140,  201 

liability  of  township  clerk  for,  to  report,  etc 141 

of  county  clerk  for  not  transmitting  reports 142 

of  supervisor  and  township  clerk  in   regard  to  taxes 144 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor 287 

NEW  YEAR'S  DAY  : 

observance  of  by  public  schools 203 


248  INDEX. 

The  references  are  to  compiler's  sections. 

NOMINATION  PETITIONS: 

of  candidates  for  trustees,  filing  of,  etc  .......................................  438 

NON-RESIDENT  : 

when  may  be  attached  to  district  ............................................ 

admission   of,   pupils,   tuition,   etc  ............................................  65 

tuition   of,    pupils  .......................................................... 

credit  of  school  tax  on  tuition  of,   pupils  ....................................  122 

NORMAL   SCHOOL  FUND: 

origin  of   .................................................................  347 

who  to  have  care  of  ....................................................... 

NORMAL   SCHOOLS: 

state  board  of  education  to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in  .  .  365 

(See  state  normal  school.) 
NORMAL   TRAINING   CLASSES: 

superintendent  of  public  instruction  to  direct  supervision  of  .................... 

act    to    establish  ..........................................................     403-409 

(See  county  normal  training  classes.) 
NORTHERN  STATE  NORMAL  SCHOOL: 

act  to  establish  ............................................................     358-360 

NOTICE  : 

superintendent  of  public  instruction  to  give,   of  apportionment  of  primary   school 

fund    ..............................................................        23,  135 

duty  of  taxable  inhabitant  on  receipt  of,  of  formation  of  district  ................ 

of  first  meeting  in  new  district  ............................................  .  .      28,  255 

by  township  clerk  when  new  district  fails  to  organize  .......................... 

of  meeting  of  township  board  to  form  fractional  districts  ...................... 

to    alter    boundaries  ...................................................... 

of  special  meetings  of  district  board,  when  and  how  given  .................... 

of  district  meetings,  to  be  given  by  director  ..................................      ^42.  67 

of  township  clerk  to  supervisors  of  school  taxes  ................................      75,  263 

who  to  give,  to  directors  of  moneys  to  be  appropriated  ........................ 

of  apportionment  of  moneys  to  districts,  to  whom  given  ........................ 

of  supervisor  and  treasurer  of  taxes  assessed  ...................  .  ..............         81-83 

treasurer  to  give,  of  money  in  his  possession  ...............................  ...      86.  265 

county  treasurer  to  give,  of  moneys  apportioned  .............................. 

of  meeting  of  district  to  borrow  money  ...................................... 

in  proceedings  to  obtain  site,  how  given  ...................................... 

of  meeting  to  organize  as  graded  school  district  .............................. 

teachers'    examinations,    how    given  .......................................... 

to   teachers   of   intention    to    revoke   certificate  ................................ 

township  school  district,  of  election  for  organization  of  ........................ 

of   annual   meeting   in  .................................................... 

relative  to  changing  boundaries  in  city  districts  .............................. 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given  ......     287-288 

teachers'  associations,  of  formation  of,  how  given  .............................. 

subcontractor  to  give  written,  what  to  state,  etc  .............................. 

of  election  of  trustees  in  cities  of  fourth  class  ................................ 

O. 

OATH  * 

deputy  superintendent  of  public  instruction  to  take  ............................ 

tendered   to   challenged   voter   at   district   meetings  ............................     44,  234 

to  be  taken  as  to  correctness  of  census  list  .................................. 

of  juror  in  proceedings  to  obtain  site  ........................................ 

of  office,  members  of  board  of  school  examiners  to  take  ........................     213-21 

of  office  of  election   inspectors  for   election   of   trustees  ........................ 


acceptance  of,  to  be  filed  ..............................................  51,  52,  121,  257 

affidavit  of,  as  to  qualifications  .............................................. 

term  of,  of  board  of  school  examiners  ........................................ 

OFFICERS  :    • 

who  eligible  as  school  ...................................................... 

having  charge  of  records  to  furnish  facilities  for  examination  .................. 

ONE-MILL  TAX: 

disposition   of   surplus  ......................................................  ojj 

assessment,  collection  and  disposition  of  ...................................... 

(See  taxes.) 
ORAL  METHOD: 

to  be  taught  in  day  schools  for  deaf  ..........................  .  ............. 

ORDER  : 

on  treasurer  to  be  countersigned  by  moderator  ................................ 

to  be  drawn  and  signed  by  director  .....  ,  .................................. 

of  township  clerk  on   treasury   for   library   moneys  ............................    128,  2b2 

of   superintendent   of   public   instruction   relative   to   insanitary,    etc.,    schoolhouse, 
when    set   aside  ...................................................... 

(See  warrants;  also  moneys.) 

ORGANIZATION  :  0_  Qr 

formation,    etc.,   of   new   districts  ............................................         2  1-6. 

of  graded   school    district  ...................................................     J29~J?5 

of  township  school  districts  in  upper  peninsula  ...............................     255-270 

(See  school  districts;  also  township  board.) 


INDEX.  249 


P. 

The  references  are  to  compiler's  sections. 

PAMPHLETS  : 

distribution,   etc.,  of  certain,   to   school   districts 382-83 

when  heads  of  state  departments  to  print  additional  copies 383 

PARENTS   AND  GUARDIANS  : 

entitled   to   vote   at   district   meetings 43 

required  to  send  children  to  school 285 

duties  of  truant  officers   relative  to 287 

liabilitv    for    not    sending 287 

proceedings    against 288 

to  give  notice  when  children  desire  to  have  tuition,  etc.,  paid 394 

PARTY   EMBLEM: 

etc.,  not  to  be  placed  upon   school   election  ballots ' 166 

PENALTIES  AND  FORFEITURES  : 

not   maintaining   five   months'    school 11 

district  for  not  maintaining  certain   length   of  school 46,  79.  262 

census  enumerators  for  making  false  returns 69 

giving  false  information   to  census  enumerator 69 

damages    to    library    books 129 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district 139 

district  officers'  neglect  to  accept  office  or  perform  duties 140.  251 

township  clerk,  for  neglect  in  transmitting  reports 141 

county   clerk   for   not   transmitting   reports 142 

moneys  collected  for.  how  applied '        143 

supervisor  and   clerk's  neglect  regarding  taxes.  . .  .  ft, 144 

neglect   to   teach    prevention    of   diseases ,. 198 

district  officers,   for  not   publishing  financial   statement 201 

not    purchasing   U.    S.    flag 202 

parent  or  guardian   not  sending  children  to  school 287 

relative   to   school   attendance   by   blind    children -.  300 

relative  to   persons   responsible   for   delinquency   of   children 304 

for  allowing  children  to  remain  in  saloons,  etc 305 

illeeal  payment  of  public  moneys 334 

PERJURY: 

what   deemed    44 

PERMANENT   FUNDS : 

to  be  under  control  of  school  board 401 

PERMIT  : 

issu^   of.    for   employment   of   children..  .    285.  30G 

PETITION  : 

candidates  for  district  board  of  education  nominated  by 166 

form,    etc , 166 

of  electors  for  single  school  district " 230 

nomination,   of   candidates   for   trustees,    filing   of,   etc.  .  438 

PHYSICAL  TRAINING  : 

to  be  taught  in  schools  of  certain  cities,  etc.  .  368 

PHYSICAL   TRAINING    TEACHER: 

act  to  define  qualifications  of 195 

PHYSIOLOGY  : 

use  of  text-books  on.  in  teaching  dangerous  diseases 197 

PHYSIOLOGY  AND   HYGIENE: 

to  be  taught  in  all  public  schools 61 

penalty  for  failure  of  district  board  to  comply  with  statute 61 

district  board  to  adopt  text-books 61 

by   whom    approved,    etc 61,  170,  351 

text-books    on    238 

PLANS : 

for  school  buildings,  when  approved  by  superintendent  of  public  instruction..  443-45 

PLAYGROUNDS : 

board  of  education  may  acquire  land  for 412 

POLL  LIST: 

to  be  kent  when  voting  on  issuance  of  bonds 91 

POOR  CHILDREN: 

to   be  furnished  with   text-books 62 

PRESIDENT  : 

of  board  of  education,  service  of  process  against  school  district  made  upon 96 

of  Michigan  agricultural  college  to  approve  schools  placed  upon. approved  list 422 

PRESIDENT   OF   THE   U.    S.  : 

certain  days  appointed  by,  observed  by  public  schools.  .  203 

PRIMARY  SCHOOL  INTEREST  FUND: 

constitutional    provisions    respecting 1,  11 

five   months'    school   to   be   maintained   to   secure 11 

apportionment   of    11,23 

proceedings  in  case  of  defective  returns  of 24 

when  deficiency  may  be  apportioned 25 

time  school  to  be  maintained  to  secure 46 

to  be  accounted  for  under  "teachers'  wages  fund" 55 

to  be  used  only  for  teachers'  wages 57 

not  to  be  applied  to  sectarian  schools 57 

duty   of   township    clerk   in    distributing 73 

how  apportioned   to  districts 76,  258 

county   clerk's   duties    relative    to ' 89 

county   treasurer's    duties    relative   to 90 

PRIMARY   SCHOOLS: 
(See  schools.) 


250  INDEX. 


The  references  are  to  compiler's  sections. 

PRINCIPALS  OF  SCHOOLS: 

duty  of,  as  to  violations  of  text-book  law 179 

to  certify  to  fact  of  humane  education 189 

PROCEEDINGS  : 

against    school    districts 95-101 

to  obtain   schoolhouse  site 102-116 

in   case  of  incumbrances 113 

upon  appeal  from  action  of  township  board 117-119 

PROCESS : 

service  of,   against  school  districts,  upon  whom  made 96 

PROPERTY : 

when   township   board   may   sell   district 38,  46 

to  be  apportioned  on  division  of  district 38,  39 

when  sale  of  district,  may  be  directed  by  voters 46 

when   husband  and  wife  own,  jointly 50 

care  and  preservation  of  district 60,  122 

accounting  of,  when  township  organized  into  single  school  district 230 

sale  of,   by  board  of  education 238 

disposition  of,  in  forming  township  districts 267 

to  be  apportioned  on  division  of  township 270 

of  teachers'   associations 311 

PUBLICATION : 

of  financial   statement   by   school   board 200 

PUBLIC  BUILDINGS: 

act  insuring  payment  of  subcontractors  in   repairing,   etc 432 

PUBLIC  DOMAIN  COMMISSION: 

secretary  of,  and  superintendent  of  public  instruction  to  select  certain  pamphlets 

sent   to   district    schools 382-83 

PUBLIC  LIBRARIES: 
(See  libraries.) 

-PUBLIC   SCHOOLS: 

declaration  of  independence  read  on  certain  days  In 203 

PUBLISHERS'  AGENT: 

members  of  district  board  not  to  act  as 50 

PUPILS  : 

when    may   be   suspended   or   expelled 

who  may  be 64 

classification   of 64,  122 

admission  of,   to  schools. 64.  65,  122. 192 

tuition    of    non-resident 65,  238 

in  graded  school  districts,   promotion  of,  in 

declaration  of  independence  read  to  certain,  on  certain  holidays 

township  school  district,  rate  of  tuition  to  non-resident 

unlawful   to  organize,   etc.,   fraternity,   etc 

admission  of,  to  normal  school 

providing  for  payment  of  tuition  and  transportation  of  eighth  grade 394-397 

Q. 

QUALIFICATIONS  : 

of   music,    etc.,    teachers 194-96 

of  voters  at  district  meetings 43,  232 

of  superintendent   of   schools 238 

QUESTIONS  : 

of   examination    for   teachers 217 

R. 

REAL  ESTATE: 

board  of  trustees  of  rural  high  schools  may  hold 387 

RECEIPT  : 

when  township  treasurer  to  take  duplicate 87 

RECORD : 

school  district,  superintendent  of  public  instruction  to  examine,  etc 

director   to    keep,    of    proceedings 28,  67 

director's,  to  be  evidence  of  organization  of  district 

who  to  keep,  of  acceptances  of  office 

who  to  provide,  books  for  proceedings  of  district  meetings 

officers   having  charge  of,   to  furnish   facilities  for  examination 

of  report  of  taxes  to  annual  meeting 58,  266 

teacher  to  keep,  of  pupils 

of  moneys  to  be  kept  by  district  treasurer 

to  be  kept  of  consent  of  trustees  in  alteration  of  graded  school  district 

of  certificates  granted  to  teachers,  who  to  keep 

who  to  keep,  of  examination  held  by  board  of  school  examiners 220 

REFERENDUM  : 

on  election  of  school   boards  In   certain   cities 

on  question  of  dividing  school   districts  into  voting  precincts 

on  issue  of  bonds  for  maintenance  of  free  public  libraries 

of  establishment  of  county   agricultural,   etc.,   school 

REGENTS : 

of  the  university,  how  elected,  etc 

may  grant  certain  certificates 


INDEX.  251 


The  references  are  to  compiler's  sections. 

REGISTER : 

of  school  to  be  kept  by  teacher 59 

REGISTRATION  : 

of  electors  in  school  elections  in  certain  cities » 

of  electors  in  school  districts,  notice  of,  etc ; 161-69 

REGULATIONS  : 

for  government  of  schools 63,  262 

at  elections  to  vote  on  issuance  of  bonds 

for  government,  etc.,  of  libraries 

REMOVAL : 

of  certain  officers  by  governor 20 

from  district  to  vacate  office 48 

of  schoolhouse  from   leased   site 54 

of  officers  in  graded  school  district 121 

RENEWAL  : 

of  teacher's  certificate,  when  made,   etc 217 

REPAIRS  : 

(See  schoolhouses.) 

REPLEVIN  : 

against  school  districts,  justices  of  the  peace  to  have  jurisdiction 95 

REPORT : 

superintendent  of  public  instruction  to  make  annual,  to  governor 20 

district  board  to  make,  at  annual  meeting 58,  266 

directors  to  make  annual 70 

of  director,  where  filed 70,  73 

to  whom  made  in  fractional  districts 71 

treasurer  of  school  district  to  make  annual 72 

township  clerk  to  make  triplicate 73 

board  of  education  to  make  triplicate 73 

township  clerk  to  make  certain,  to  treasurer  and  director 77 

supervisor  to,  taxes  assessed  to  township  treasurer 82 

township  clerk's  duties  relative  to 89 

of  township  clerk  and  board  of  education  relative  to  libraries 133-134 

liability  of  officers  for  failure   to   make 141-142 

to  whom  academies,  etc.,  to  make 205 

county    commissioner   of    schools    to   make 220 

township  school  district,   annual,   what  to   contain,   etc 240 

of  school   moneys  received,   when   made,   etc 241 

state  board  of  education  to  make,  to  legislature 845 

publication,  etc.,  of,  of  superintendent  of  public  instruction 379-381 

board  of  trustees  of  rural  high  schools  to  make  certain 384 

monthly,  of  truant  officer,  relative  to  children  of  indigent  parents 401 

board  maintaining  day  schools  for  deaf  to  make 426 

RESIDENTS  : 

notified  of  first  meeting  in  school  district 28 

qualifications  of,   to  vote  at  district  meetings 43 

rights  of,  to  attend  school 64 

exceptions  of,  in  school  census 68 

RETIREMENT  FUND: 

teachers',    act    providing 313-26 

REVOCATION   OF  TEACHERS'   CERTIFICATE: 

by    board   of    school    examiners 219 

by  state  board  of  education 341,  342,  350 

'RULES: 

( See   regulations. ) 

RURAL  HIGH   SCHOOLS  : 

an  act  to  establish  or  discontinue 380-91 

when  question  of,  submitted  to  electors 384 

board  of  trustees  of,  when  and  how  elected 386 

term  of  office 386 

duties     387 

S. 

SALARY : 

of   superintendent   of  public   instruction 20 

of  assistant  superintendent  of  public  instruction 21 

of  teachers  not  affected  because  of  holidays 203 

SALE  OF  PROPERTY: 

when,   made   by   township   board 38 

to  be  directed  by  districts 46 

when  made  by  district  board 54 

SALOON : 

children   not  permitted  in,  gambling  houses,   etc 305 

SALT   SPRING   LANDS: 

interest  on  proceeds  from,  application  of 15 

SCHEDULE : 

of  places,  etc.,  for  holding  examinations,  publication  of 216 

SCHOLAR^ : 
(See  pupils.) 

SCHOLARSHIPS  : 

school  districts  may  maintain 410 


252  INDEX. 

The  references  are  to  compiler's  sections. 

SCHOOL : 

to    be    free 11,  255 

to  be  maintained  at  least  five  months 11 

public,  superintendent  of  public  instruction  to  supervise  instruction  in 20 

when,  may  be  discontinued  in  a  district 46 

time  necessary   to  be  maintained 46,  262 

who  to  fix  minimum  length  of  time  of 46,  262 

who  to  estimate  and  vote  taxes  for  support  of 55,  263 

not   to   be   sectarian 57 

register  of,  to  be  kept  by  teachers 59 

district   board   to   prescribe   text-books   for 61 

pupils  may  be  suspended  or  expelled  from 63 

penalty  for  disturbing 63 

district  board  to  establish  regulations  for 63,  262 

resident  pupils  admitted  to 64 

not  to  be  separated  on  account  of  race 64 

statistics  of,  to  be  reported  by  director 64 

may  be  graded 64, 122 

admission  of  non-resident  pupils  to 65,  238 

humane  education  in 187-189 

visitation  and  examination  of 220 

children  of  certain  ages  required  to  attend 285 

when  ungraded,  to  be  established 289 

children    attending,    not   permitted    in    saloons,    etc 305 

abolishment  of  fraternities,   etc.,   in 307 

training,  in  connection  with   state  normal 340 

physical  training  to   be  taught  in   certain 364 

when,  placed  upon  approved  list 

persons  desiring  to  teach,  with  whom  to  file  certificate 353 

who  to  publish  course  of  study,  etc.,  for  certain 379 

act  to  establish  rural  high 384-391 

board  of  trustees  of  rural  high,  to  visit 

in  cities  of  fourth  class,  board  of  education,  etc 436-437 

SCHOOL  APPARATUS  : 

provision   for    46 

SCHOOL  BOARD: 
(See  district  board.) 

SCHOOL  BOOKS: 
(See  text-books.) 

SCHOOL  BUILDNGS: 

plans  for,  when  approved  by  superintendent  of  public  instruction 443-45 

SCHOOL  CENSUS : 

when    and    how    taken 68 

SCHOOL  DISTRICTS: 

apportionment  of  primary  school  money  to 

of   what    composed 

to  be  numbered 27 

formation   of    27-32 

formation    of   fractional 30 

when  deemed  legally  organized 

when  may  be  dissolved 

corporate   powers   of 

name    and    style    of 

when  consent  of  taxpayers  to  be  obtained  to  alteration  in 

when  persons  outside,  may  be  attached 

alterations  to  be  reported  to  director 


division  of  property  in  forming  new,  from  old. 

meetings  of,  when  held,   etc 40-46,  258 

may  borrow  money  on  strength  of  voted  tax 

who  to  make  annual  report  of 58,  266 

who  to  appear  in  suits  for  or  against 

treasurers  of,  to  file  bond,  duties  of,  etc 

map   showing   boundaries   to   be  made 74 

moneys  to  be  apportioned  to 76,  77 

when  moneys  paid  by  old,  to  new 

levy  and  collection  of  taxes  in   fractional , 

may  borrow  money  for  sites  and  buildings 

to  pay  indebtedness 

may  vote  to  pay  money  borrowed 

suits  and  judgments  against 95-101 

service  of  process  against,  upon  whom  made 

judgments    against    fractional 

appeal  from  action  of  township  board 117-1: 

what  districts   may   organize   as   graded 120,  124 

organization   of,   etc.,   graded 12Q-12o 

change  of,  from  primary  to  graded 

when  township  board  may  divide  or  change  boundaries  of 

city,  division  of,  into  election  precincts,  referendum 152-160,  161-69 

registration   of   electors   in 162-6' 

copies  of  lists  of  text-books  to  be  sent  to 1  <  8 

how  authorized  to  purchase  and  sell  text-books 182,  183 

resale  of  books,  on  removal  from 

to  employ  legally  qualified  teachers 

officers  of,  when  to  deliver  books,  etc.,  to  township  board  of  education 


INDEX.  '  253 


The  references  are  to  compiler's  sections. 

SCHOOL  DISTRICTS — Continued  : 

township   school   districts,   organization   of 231 

township   organization    of 255-270 

change  of  boundaries  of  city 271-274 

who  to  provide  course  of  study,  etc.,  for 379 

distribution,  etc.,  of  state  pamphlets,  etc.,  to 382-83 

providing  for  transportation  of  certain  pupils  in 394,  395 

may  establish  trade,  etc.,  schools,  etc 410-411 

officers  of,  to  require  bond  to  insure  payment  of  subcontractors 

cities  of  fourth  class,  to  constitute  single 436 

board   of   education,    election,   etc 437 

limit  of  amount  of  money,  may  borrow 447 

highway  to  be  established  to  every  school  building  in 450 

SCHOOL  EXAMINERS : 

(See  county  board  of  school  examiners.) 
SCHOOL  FOR  THE  BLIND  : 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

SCHOOL  FOR  THE  DEAF: 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

SCHOOLHOUSES  : 

when  certain  persons  not  liable  to  tax  for  building 36 

not  needed  may  be  sold 38,  46,  54 

building  committee  may  be  appointed 46 

districts  to  vote  tax  for  appendages  to _^ 46 

district  to  direct  the  procuring  of,  sale  of ] .  . 46 

when  land  not  to  be  taxed  for  building 46 

tax    for   repairing,    limited 46 

repairs  to,   who   to   make,   etc 46 

site   for,    to   be   purchased   or   leased 46,  54,  238,  262 

tax    for    building,    limited 46, 263 

board    to    procure 54.,  262 

district  board  to  have  care  of,  etc 60 

when  open  or  closed  for  public  meetings 60 

director  to  provide  appendages  to 67 

limitation  of  indebtedness  to  build 91 

bonds  may  be  issued  to  build 91 

board  of  education   may  acquire  sites  for 412 

sale  of  tax  homestead  lands  for  sites 438 

plans  for,  when  approved  by  superintendent  of  public  instruction 443-45 

factory  inspectors  may  order  fire  escapes  on 449 

township  board  to  establish  public  highway  to  every 450 

SCHOOL  INSPECTORS: 

electors  qualified  to  vote  for,  how  governed 43 

election   of,   in   certain   cities 147-149 

SCHOOL  MONEYS: 

(See  moneys.) 
SCHOOL  MONTH: 

of  what  to  consist 59 

SCHOOL  OFFICERS: 

district,    election    of 46 

not  to  be  interested  in  any  contract  with   district 145 

salaries  of,  not  affected  because  of  holidays 203 

county  commissioner  to  call  meetings  of,  of  county 227-229 

SCHOOL  RECORDS: 

officers  having  charge  of,  to  furnish  facilities  for  examination 53 

SCHOOL  TAXES: 

who  qualified  to  vote  on,  in  certain  cities 43 

SCHOOL  TRUSTEES  : 

election  of,  in  cities  of  fourth  class 438 

SCHOOL  YEAR: 

when  to  commence,  length  of 11,  40,  43 

SCHOOLS  FOR  DEAF  : 

act  establishing  day 426-431 

SECRET    SOCIETIES: 

abolishment  of,  in  public  schools,  etc 307-309 

SECTARIAN   SCHOOLS: 

not  to  receive  public  moneys 57,  283 

SERVICE  OF  PROCESS: 

against  school  districts,  upon  whom  made 96 

SHERIFF  : 

to   remove  respondent   from   school   property Ill 

SIGNATURES  : 

number  required  on  petition  nominating  member  district  board  of  education 166 

SINGLE   SCHOOL   DISTRICT: 

cities  comprising,  who  qualified  electors  in   school   elections 

organization    of    township    into 230 

SITES  FOR  SCHOOLHOUSES  : 

when  npt  needed  may  be  sold 38,  54 

notice  of  meeting  to  change 42 

voters  to  direct  procuring  of 46 

lease   or   purchase   of 46,54,  262 

issuance  of  bonds  for  purchase  of 

how    designated    102 

to  be  selected  by  a  two-thirds'  vote 102 

proceedings   to   obtain 102-116 


254  INDEX. 


The  references  are  to  compiler's  sections. 

SITES  FOR  SCHOOLHOUSES— Continued  : 

compensation  for,  how  determined  in  certain  cases 107 

claims  against,   settled   by   circuit  judge 113 

township   board   of   education   may   purchase,   etc ',   238, 412 

board  of  education  to  estimate  amount  of  money  for 242 

sale  of  tax  homestead  lands  for 

SORORITIES  : 

abolishment  of,  in  public  schools,  etc 307-309 

SPECIAL  MEETINGS  ; 
(See  district  meetings.) 

STAR    SPANGLED    BANNER: 

applicant  for  eighth  grade  diploma  to  memorize  first  verse  of ....  204 

STATE  BOARD  OF  AGRICULTURE: 

election  of,  powers  and  duties J , 9-10 

may  grant  teachers'  certificates 210 

duty  of,  to  cooperate  with  supervisors  in  agricultural  education 423 

secretary  of,  to  receive  funds  for  agricultural  extension  work 425 

STATE  BOARD  OF  EDUCATION  : 

election  of,   term   of  office,   etc 8, 18 

to  grant  certificates  to  graduates  of  colleges 207 

may  refuse  to  accept  certain  diplomas 209 

power  of,  to  provide  for  care  of  blind  babies .'  '    296-300 

to  contract  with  institutions 297,  298 

to  be  a  body  politic '.'.  '  335 

powers   and   duties   of 336 

regarding   state   normal    school 338,  346 

members  of,  not  to  act  as  agent 339 

to  grant  diplomas  to  graduates  of  state  normal  school 341,  342 

to  make  report  to  legislature 345 

to  grant  state  certificates  to  teachers 350 

persons  desiring  to  teach,  with  whom  to  file  certificates  approved  by ...... 353 

powers  and  duties  regarding  central  Michigan  normal   school 354-356 

powers  and  duties  regarding  northern  state  normal  school 358-360 

to  procure  site  for  western  state  normal  school 362 

to  have  control,  etc.,  of 363 

to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in  normal  schools 364 

STATE  BOARD  OF  HEALTH : 

to  approve  text-books  regarding  communicable  diseases 197 

STATE  BOARD  OF  LIBRARY  COMMISSIONERS: 

duties   of    367, 374 

appointment  and  term  of  office  of 373 

who    to    constitute 373 

vacancies   in,   how   filled 373 

reports  of,  to  whom  made,  etc 374 

appropriation   for    376 

STATE  CERTIFICATES: 

to  be  granted  to  graduates  of  certain  colleges 207 

when  granted  to  graduates  of  state  normal  school 341,  342 

when  granted  by  state  board  of  education 350 

STATE  DEPARTMENTS: 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction . .  382 

STATE  INSTITUTIONS  : 

maintenance  of 12 

certain,  to  be  under  supervision  of  superintendent  of  public  instruction 20 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction .  .  382 

STATE  LANDS: 

interest  from  sale  of,  application  of 13 

STATE  NORMAL   SCHOOLS: 

professional  instruction  in 338 

training  school  in 340 

diplomas  and  certificates  to  graduates  of 341,  342 

an  act  to  change  the  name  of 357 

physical  training  to  be  taught  in 366 

STATE  PUBLIC   SCHOOL: 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

STATE  TEACHERS'   INSTITUTE: 

to  be  held  annually 281 

expenses  of,  how  paid 281 

STATE  TREASURER: 

payment  of  transportation  of  indigent  deaf  children 292 

of   indigent   blind   children 295 

ex  officio  treasurer  of  teachers'   retirement  fund 315 

to  reimburse  district  maintaining  day  school  for  deaf 428 

STUDENT : 

minor  child  who  is,  not  permitted  in  saloon,  etc 305 

STUDIES : 

to   be   prescribed 61 

SUBCONTRACTORS  : 

act  insuring  payment  of 432-438 

SUITS  : 

may  be  brought  for  or  against  district 33 

prosecution,  etc.,  of,  by  or  against  district 46 

treasurer  to  appear  for  district  in 72 

on   treasurer's   bond 72 


INDEX.  255 


The  references  are  to  compiler's  sections. 

SUITS — Continued : 

when  moderator  may  appear  In,  for  district 72 

jurisdiction  of  Justices  In 95 

and  judgments  against  district 95-101 

summons  In,   served  on   treasurer 96 

not  brought  to  collect  judgment 97 


(See  actions,  judgments  and  proceedings.) 
SUPERINTENDENT  OF  COUNTY 


SCHOOLS  OF  AGRICULTURE,  ETC. : 

who   eligible   as 422 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

constitutional  provisions  relative  to 4 

election  and  term  of  office  of 19 

residence,   qualifications,    duties,    etc 20 

to  direct  supervision  of  county  normal  training  classes 20 

to  have  general  supervision  of  public  instruction 20 

make  annual   reports   to  legislature 20 

visit   state   Institutions,    etc 20 

may  request  removal  of  county  commissioner  of  schools 20 

appoint  a  deputy  and  assistant 21 

to  prescribe  duties  of  assistant 21 

to  prepare  list  of  library  books 22 

to  prepare  and  print  general  course  of  study 22 

to  prepare  rules  for  management  of  libraries 

duties  relative  to  apportionment  of  primary  school  moneys 23,  25 

to   deliver  books,   etc.,   to   successor 26 

duties  relative  to   school   census 68 

when  board  of  education  to  make  triplicate  reports  to 73 

reports  to,  relative  to  libraries 133-134 

to  forward  statement  of  library  money  to  districts 

may  grant  kindergarten,   drawing,   etc.,   certificates 104, 195 

copies  of  school  text-books  and  dealers'  bond  to  be  filed  with 176 

special  editions  of  text-books  to  be  filed  with 

to  send  copies  of  text-book  lists  to  school  authorities 178 

duty  of,  as  to  violations  of  text-book  act 179 

when  may  suspend  right  to  sell  text-books 179 

when  to  declare  bond  forfeited , 179 

incorporated  academies  to  report  to 205 

forms  of  teachers'  certificates  to  be  prepared  by.  . . 

questions  for  examinations  of  teachers  to  be  prepared  by 

to  send  examination  questions  to  examining  officers 

prescribe  form  of  rules  for  boards  of  school   examiners 218 

to  appoint  assistant  conductor  of  Institutes 220 

annual   reports  of  county   commissioner  to  be  made  to 220 

to  assist  county  commissioner  at  county  meeting  of  school  officers 

when,  may  remove  school  trustee  from  office 252 

appeals  to,  in  actions  relative  to  school  districts 

annual  county  teachers'  institutes  to  be  held  by 277 

may  appoint  conductors  of  teachers'  institutes 

when,  may  draw  on  state  treasurer  for  aid  to  teachers'  Institutes 280 

expenses  for  state  institutes,  how  drawn  by 281 

establishment  of  bureau  of  information  in  office  of .  283 

a  member  of  teachers'  retirement  fund  board 313 

may  prepare  certain  courses  of  study,  etc 379 

who  to  distribute  report  of 379 

to  prescribe  forms  for  publication  and  distribution  of  report 379-381 

and  secretary  public  domain  commission  to  select  pamphlets  sent  to  school  districts  382-83 

to  approve  course  of  study  for  rural  high  schools 

board  of  trustees  of  rural  high  schools  to  make  certain  report  to 387 

when  may  grant  permission  to  establish  county  normal  training  classes 403 

to  be  member  of  county  normal  board 404 

to  prescribe  form  of  certificate  of  graduation  from  county  normal  training  classes  405 

to  have  general  supervision  of  county  schools  of  agriculture,  etc 

to  approve  schools  before  placed  upon  approved  list 

duty  of,  relative  to  establishment  of  day  schools  for  deaf 423-430 

when  to  approve  plans  for  school  buildings 443-45 

may    condemn    school    houses 444 

when  may  close  school  houses 444 

SUPERINTENDENT  OF  SCHOOLS  : 

powers  and  duties  of,  in  graded  school  districts 122 

duty  of,  as  to  violations  of  text-book  act 179 

in   township  districts,   by  whom   employed 

when  president  of  board  of  education  to  perform  duties  of 

duty  of,  as  to  truants 

permit  of,  for  employment  of  children ' 306 

SUPERVISORS  : 

map  of  township  to  be  filed  with 74 

township  clerk  to  certify  taxes  to 75,  263 

to  assess  school  taxes 78,  263 

to  assess  one-mill  tax 79 

equalization  of  taxes  by 81 

certifying  and  levying  taxes  In  fractional  districts  by 81 

to  deliver  warrant  for  collection  of  taxes  to  township  treasurer 82 

to  assess  judgment  against  school  district 101 

liability   for   not    assessing   taxes 144 

(See  taxes.) 


256  INDEX. 


The  references  are  to  compiler's  sections. 

SURETY  BONDS: 

payment  of  premium  on * 46,  346 

treasurer  may  furnish 121  346 

SURPLUS  OF  DOG  TAX: 

how   apportioned 336 

SUSPENSION : 

of  pupils  from  school 63 

of  teachers'   certificates 219 

of  pupils  organizing  fraternity,   etc 308 

SYSTEM   OF   HUMANE   EDUCATION: 

act    to    provide 187-189 

T. 

TAXABLE   INHABITANTS: 

duties  in  relation  to  formation  of  district 28 

penalty  for  neglect  of  duty 139 

TAXATION  : 

constitutional    provisions    relative    to 1-2 

exemption   of   school    bonds   from 446 

TAXES : 

how  surplus  of  one-mill,  may  be  applied 33 

non-taxpayers  not  to  vote  on  question  involving 

for  repairs   to   schoolhouse 

for  building  schoolhouse   or   purchasing   site 46 

for  apparatus,  etc.,  for  schoolhouse 

limit  of,  for  certain  purposes 46,  263 

amount  of,  for  services  of  district  officers 

for  incidental   expenses 

limit  of,  for  support  of  school 

estimated  and  reported  by  district  board 55,  263 

report  of,  by  board  to  township  clerk 

money  raised  by,  not  to  be  diverted 

for  books  for  indigent  children 

assessed  on  division  of  district 

when   reported   to   supervisor 75.  263 

apportionment  of,  when  collected 

failing  to  be  assessed,  to  be  levied  the  next  year 

supervisor    to    assess 78,  79.  263 

assessment    of    78,  79,  80 

duties  of  township  treasurer  relative  to  collection  of 78,  83 

assessment,  collection  and  disposition  of 

in  township  before  any  school  is  maintained 

on   old   district   for   new 

certifying  of,  in  fractional  districts 

equalization    of 

warrant  for  collection   of 

apportionment  of,  when  district  is  divided 84,  270 

for  school  purposes  to  be  paid  next  to  township  expenses 85 

when  township  treasurer  to  pay  out  certain 87,  265 

may  be  raised  to  pay  borrowed  money 

judgments    against   districts 

when  credited  on  tuition  of  non-resident  pupils 

for    support    of   libraries 

liability  of  supervisors  for  not  assessing 

for  teachers'  wages,  etc.,  board  of  education  to  vote 

township   school   district,    report   of - 

amount  of,  how  determined,  etc • 

school,  to  be  kept  in  separate  column  on  assessment  roll 

school,  to  be  in   separate  column •• 

for  care,  etc.,  of  blind  babies 

apportionment  of  surplus  dog 

board  of  education  to  vote,  for  payment  of  tuition,  etc.,  of  eighth  grade  pupils.. 
TAX  HOMESTEAD  LANDS: 

sale   of.    for    sites    for    schoolhouses 442 

TEACHERS : 

payment   of,    from   primary   school   interest   fund 

public  moneys  not  to  be  paid  to,  not  holding  certificates 

to    keep    school    register * . . 

to  be  furnished  with  copy  of  contract 

contracts    with 59,  122,  262 

employment    of    59, 122,  262 

to  file  certificate'  of  instruction   in   physiology,   etc.,   with   director 

districts  employing  unqualified,   deprived  of  primary  money 

not  to  act  as  agent  for  school  books,   etc 

to  certify  to  humane  education  in  school 

qualifications    of ; 

act  to  define  qualifications  of  certain J  X~ 

-to  give  instruction  regarding  prevention  of  communicable  diseases 

salaries  of,  not  affected  because  of  holidays 203 

when  to  have  Declaration   of  Independence  read 203 

who  to  give,  certificate  to  graduates  of  certain  colleges 207-209 

examination  of,  by  county  board  of  school  examiners 216-217 

certificates  given  to.  by  county  board'  of  school  examiners 

grades   of,    certificates • 218 


INDEX.  257 


The  references  are  to  compiler's  sections. 

TEACHERS— Continued : 

revocation  or  suspension  of  certificates ; .  219,  342,  350 

records  of,  certificates  to  be  kept 220 

list  of,  to  be  furnished  township  clerk 220 

school  district  to  employ  legally  qualified 224 

In  township  school  districts,  by  whom  hired,   contracts,   etc 238 

fees,   to   pay  on   obtaining   certificates 275 

may  close  school  to  attend  institutes 278 

registration    of,    desiring    employment 

duty  of,  as  to  truants 287 

duty  of,  in  reporting  fraternities,  sororities,  etc 308 

contributions    of,    to    retirement    fund 318 

when   entitled  to  annuity 320 

school,    what   deemed ._ ^ .  _  .  324 

certificates  given  to  certain  pupils  of  state  normal  school 341,  342 

state  board  of  education  to  grant  certain  certificates 350 

examination  of,  by  state  board  of  education 350 

with  whom  to  file  certain   certificates 353 

who  to  appoint,  for  rural  high  schools , 387 

to  make  monthly  report  regarding  children  of  indigent  parents 402 

how  qualified  by  certificates  of  county  normal  training  classes 406 

how   provided   for 407 

employment  of,  in  day  schools  for  deaf 430 

TEACHERS'  ASSOCIATIONS  : 

formation  and  incorporation  of 310-312 

TEACHERS'  INSTITUTES: 

superintendent  of  public  instruction  to  appoint   instructors,   etc .'  20 

funds  for  support  of,  how  raised 275-276 

annual,  to  be  held  in  each  county 

counties  may  be  united  in 277 

teachers   may   close   school    to   attend 

conductor   of,    may    be    appointed 278 

expenses  of,  how  paid 279 

state   treasurer    to    aid 280 

state,  to  be  held   annually 

expenses    of,    how    paid 281 

expense  vouchers  for,  where  filed 282 

who   may   publish    outlines    for 379 

TEACHERS'    RETIREMENT    FUND: 

act  providing    313-26 

TEACHERS'  RETIREMENT  FUND  BOARD: 

who  to  compose,  duties,  etc 313-19 

secretary  of.   salary,   etc 314 

TEACHERS'  WAGES  : 

when  primary  school  fund  insufficient  to  pay 11 

not  affected  because  of  holidays 203 

TEACHERS'  WAGES  FUND: 

primary  money  to  be  accounted  for  under 

in  township  school  district,  tax  for 238 

TERM  OF  OFFICE  : 

of    state    officers 4-9.  18-19 

district    officers 47, 120,  252 

of  members  of  certain  city  boards  of  education. 147 

members  of  board  of  school  examiners. 

board  of  trustees  of  rural  high  schools 386 

of  trustees  in  cities  of  fourth  class 436 

TEXT-BOOKS  : 

by  whom  prescribed 61 

not  to  be  changed  within  period  of  five  years 

on   physiology,   etc.,   by  whom   approved 61,  197,  351 

use  of,  relative  to  nature  and  effects  of  alcoholic  drinks 61,  238 

to  be  approved  by  state  board  of  education 61,  238 

to  be  furnished  to  indigent  children 62 

district  board  to  purchase,  when  authorized , 170-171 

when  to  be  property  of  district 

when  proposals  for,   advertised 

who  to  make  contract  for  furnishing 

who  to  estimate  amount  necessary  to  purchase 

when   district   board   to   purchase 174,  197 

penalty  for  failure  of  district  board  to  comply  with  law 175 

regulation  of  sale  of 176-186 

conditions  of  sale  of 176 

filing  of  copies  of 7 176 

statement  of  price  list  of 176 

bond  to  be  filed  by  dealer  in 176. 177 

abridged  or  special  editions  of 176 

combinations   in,    prohibited 176 

copy  of  list  of,  to  be  sent  to  school  authorities 178 

illegal    inducements   to    sale   of 180 

sample    copies    of 180 

illegal    charges   for 

purchase  and  sale  of,  by  districts -. 182,  183 

resale  of,  on  removal  from   district 185 

in  township  school  districts,  board  of  education  to  select 

when  question  of  free,  submitted  to  voters 246 

When,  furnished  free  of  charge 399 


258  INDEX. 


The  references  are  to  compiler's  sections. 

TOWNSHIP  BOARD: 

may  divide  township  into  school   districts 27 

school  districts  to  be  numbered  by 27 

may   alter   boundaries   of   districts '.  .27,  35, 150 

clerk  of,  to  notify  taxable  inhabitant  of  formation  of  district 28 

duties  of.  in  forming  fractional  districts 30 

notice  and  number  of  meetings 34,  260 

may  attach  certain  non-residents  to  districts 36 

clerk  of,  to  notify  directors  of  alteration  In  districts 37 

to  determine  tax  on  division  of  district.  ., 38 

to  apportion  property  on  division  of  district 38,  39.  270 

when  may  appoint  district  officers 48,  49, 121 

when  may  sell  schoolhouse  site 56 

director  to  report  to 70 

records  of,  where  kept 73 

library  money  subject  to  order  of 85,  262 

»on  determining  site,  to  certify  to  directors 102 

when  to  determine  schoolhouse  site 102.  262 

appeal    from    action    of 117-119 

restricted  in  altering  boundaries  of  graded  school  districts 124 

may  dispose  of  library  or  merge  into  free  public  library 126 

duties    of.    concerning   libraries 126-138 

to  purchase  books  for  township  library 128.  262 

to  apply  for  library  moneys 128.  262 

to  have  care  of  township  library 129 

when  may  consolidate  school  districts 

examination  of  reports  of,  by  county  commissioner  of  schools 220 

township  school  district,  meeting  of,  relative  to  organization 230 

when   to  divide  property  between   fractional   districts 

city  districts,   boundaries,  authority  to  change 

when  may  submit  question  of  rural  high  schools 

may  order  election  of  trustees  of  rural  high  schools 

to  establish    highway  to  every  school  building 450 

TOWNSHIP  CLERK: 

notice  of  formation  of  new  district  to  be  given  by 28,  29,  255 

to  give  notice  of  meeting  of  township  board. 

to  notify  director  of  alteration  in  district 

director  to  make   annual   report   to 70 

to  receive  and  dispose  of  communications , 

to  make  triplicate  reports  of  school  districts,  etc 

to  perform   services  required  by  superintendent  of  public  instruction 

duty  of.  In  distribution  of  primary  money 73 

duties  of   73.  258 

records,  reports,  books,  etc.,  to  be  kept  on  file  by 73.  266 

map  of  township  to  be  filed  by,  with   supervisor 

to  report  taxes  to  supervisor 75.  260 

to  apportion  moneys  to  district 76.  77 

to  give  notice  to  director  of  moneys  apportioned 

to  apportion  one-mill  tax 

duty  of.  In   appeals  from   township  board 

to  represent  township  in  legal  action  relative  to  libraries 

report  of,  to  superintendent  of  public  Instruction  relative  to  libraries 133-1 

liability  for  neglect  In   transmitting  reports 

liability  for  not  reporting  taxes  to  supervisor 

list  of  teachers  to  be  furnished  to 220.  266 

township   school   district,   duty   relative  to  organization   of 230,232,235 

boundaries  of  city  districts,  map  showing  change  In,  filed  with 

to    draw    books    for    township    officers 

to  be  clerk  of  board  of  trustees  of  rural  high  schools 

tax  for  payment  of  tuition  and  transportation  of  pupils  to  be  reported  to 395 

TOWNSHIP  DISTRICT  : 

organization   of    255-270 

officers    of,    board ." 

time  and  place  of  meeting  of,  board 258,  260 

board,  duties  of 

amount  of  tax  voted  for 

report  of,  board 

disposition   of   property 

compensation  of,  board ; 

division   of    270 

TOWNSHIP  SCHOOL  DISTRICT: 

board  of  education  to  have  charge  of  library  In 

when  township  board  may  divide,  etc.,  boundaries  of 

relative  to  organization  of 

trustees  in,  election  of 

when,  altered  by  annexation  to  another  township 

when  electors  aggrieved  by  formation  of 

TOWNSHIP   TREASURER: 

warrants   on,   by  whom   signed 66.  67 

to  apply  to   county'  treasurer  for  moneys 

to  give  notice  of  moneys  to  township  clerk 86,  81 

when    to   take   duplicate   receipts 87 


INDEX.  259 


The  references  are  to  compiler's  sections. 

TOWNSHIP   TREASURER— Continued. 

to  draw  warrant  for  collection  of  taxes 90,  9J 

duties  relative  to  taxes  in   fractional   districts 91,  9s 

to  pay  school  taxes  next  to  township  expenses 93 

to  hold  moneys  subject  to  proper  orders  and  warrants 93,  262 

library  moneys  to  be  paid  by,  to  inspectors 128,  2o8,  262 

to  recover  penalties,  etc..  from   certain  officers 141, 143 

in   township   school   districts,    duty   of 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools 

TOWNSHIP  UNIT  DISTRICTS: 

organization    of    

in  U.  P..  appointment  of  truant  officers  in 286 

TRADE.  ETC.,   SCHOOLS  : 

school  district  may  establish,  etc 410,  412 

TRAINING    CLASSES: 

(See  county  normal  training  classes.) 

TRAINING   SCHOOL  : 

in    connection   with   state   normal   school 340 

TRANSPORTATION  : 

providing  for.   of  eiehth    grade   pupils 46.  394 

TREASURER  OF  DISTRICT: 

acceptance   of   office 51,  121 

to  be  member  of  district  board 52 

when   and   how,   may  be  removed 

and   moderator   to   audit   director's   accounts 67 

to  make  certain  renort  to  district  board 

to  pay  orders  legally  drawn,  from  proper  fund 

bond  required  of   

deposit  of  ^moneys  by 72 

to  appear  for  district  in   suits 

money   paid    to,    from   old   district •: 76 

summons  to  be  served  on,  In  suits  against  district 

to   certify  judgment   against  district   to   supervisor 98-100 

penalty  for  neglecting  duties 

may  collect  damages  from   certain  officers 

of  board  of  education  in  township  school  districts,  duties,  etc 241,  249 

(See  district  board,  and  moneys.) 

TRESPASS  ON  THE  CASE: 

against  school  district,  justices  of  the  peace  to  have  jurisdiction  in   cases  of.  ...  95 

TRUANT   OFFICERS: 

how  appointed   286 

compensation    of    ". 286 

to  enforce  compulsory  education  laws 287 

duty  of,  to  examine  into  cases  of  truancy 287-288 

to  warn  truants  and  their  parents  or  guardians 287 

to  make  complaint  in  truancy  cases 

to  enforce  act  relative  to  education  of  blind  children 

to  investigate  where  children  unable  to  attend  school 399-402 

montMy  report  made  by,   relative  to   children   of  indigent  parents 401 

TRUANTS : 

to  be  tried  by  justice  or  recorder 288,  302 

ungraded  schools  to  be  provided  for 294 

who  deemed    295,  301 

when  sent  to  reformatory  institutions 302 

TRUSTEES : 

(See   board   of   trustees.) 

TUITION  : 

payment  of,  when  pupils  attend  school  in  another  district 

of  non-resident   pupils 65,  122 

may  be  charged  for  studies  in   high   schools 

in  township  school  districts,  of  non-resident  pupils 

payment  of,  of  eighth  grade  pupils 394-397 

in   another  district 398 

U. 

UNGRADED   SCHOOLS: 

may  be  established  in  graded  school  districts 289 

juvenile  disorderly  persons  to  be  sent  to 290 

UNION    SCHOOL   DISTRICT: 

(See  graded  school  district.) 
UNITED    STATES: 

act  giving  assent  to  grant  of  moneys  from,  for  cooperative  agricultural  extension 

work 424-25 

UNITED   STATES  FLAG: 

purchase   of    202 

UNIT  SCHOOL  DISTRICT: 

when    township    organized   into 230 

UNIVERSITY : 

constitutional  provisions  relative  to 5-7, 12 

superintendent  of  public  instruction  to  supervise  instruction  in 20 

regents  of,   may   grant   certain   certificates 206 

UPPER   PENINSULA: 

appointment  of  truant  officers  in 286 

34 


260  INDEX. 


The  references  are  to  compiler's  sections. 

V. 

VACANCY : 

how   filled   in   district   offices ' 4S-49 

in  board  of  trustees  of  graded  school  district 

how  filled  in  board  of  school  examiners 

in  office  of  county  commissioner  of  schools 

township   school   districts,   in   office   of   trustee 

in  board  of  trustees  of  township   school  district.  . .  .  ; 

in  board  of  library  commissioners 373 

(See  appointment.) 
VACATION  PERMITS: 

issue  of,   for   employment  of  children 

VARIETY  THEATERS: 

children  not  permitted  in,   etc 305 

VENIRE : 

in  proceedings  to  obtain  site 104,  106 

VISITATION  : 

and    examination    of    schools 220, 262 

VOTERS : 

who    are    qualified 43,  232 

challenge  of 

powers  of   46.  91 

registration    of,    in    school    districts 162-f 

qualifications  of,  in  cities  of  fourth  class 

(See  district  meetings.) 
VOTES : 

cast  by  women  at  school  elections  in  certain  cities,  to  be  returned  separately.  .  .  . 
VOUCHERS : 

for  expenditures  far  treasurer 

for  payments  at  teachers'  institutes 

W. 

WAGES : 

of  school  teachers  not  affected  because  of  holidays 

WARDS : 

school  census  to  be  taken  by,  in  certain  cities 

WARRANTS : 

on  state  treasurer  for  primary  school  interest  fund 

on    township    treasurer 66,  67,  85.  258 

to  township  treasurer  for  collection  of  taxes 82-? 

for  moneys  used  in  township  school  districts,  who  to  draw,  etc 

WASHINGTON'S  BIRTHDAY: 

observance   of,    by   public    schools 203 

WATER  SUPPLY : 

district  to  vote  amount  of  money  for ., 

district  board  to  furnish 60 

WESTERN  STATE  NORMAL  SCHOOL  : 

act  to   establish 351-353 

certain  department  to  be  maintained  at 365 

WITNESSES  : 

in   proceedings   to   obtain    site 

summoning  of,  in  cases  where  teacher  is  accused 

WOMEN : 

who  qualified  to  vote  at  school  elections  in  certain  cities 

registered   in    separate    register 

qualified  as  voters  at  district  meeting 43.  232 

eligible  to  election  as  district  officers 50.  232 

WORK  PERMITS: 

who  to  issue,  to  children 

Y. 

YEAR,    SCHOOL: 

when  to  commence,  length   of 11,  40,  4^ 


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